01994336
05-11-2000
Rose M. Hannah, Complainant, v. F. Whitten Peters, Acting Secretary, Department of the Air Force, Agency.
Rose M. Hannah, )
Complainant, )
)
v. ) Appeal No. 01994336
) Agency No. AL900990591
F. Whitten Peters, )
Acting Secretary, )
Department of the Air Force, )
Agency. )
____________________________________)
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 64 Fed. Reg. 37,644, 37,656 (1999)(to
be codified and hereinafter referred to as EEOC Regulation 29 C.F.R. �
1614.107(a)(1)), for failure to state a claim.<1> Complainant alleged
that she was discriminated against and harassed on the bases of race and
color (Black), and in reprisal for involvement in the EEO process when:
In December 1998, management officials advised [a named Colonel] of the
27th Support Group Command that he should not discuss her EEO complaints
with her due to potential conflicts of interest;
On January 3, 1999, a Training and Curriculum Specialist disclosed
information relating to previous mediation attempts;
In January and February 1999, disciplinary action was contemplated
against her for falsification of her December 24, 1998 time card;
On February 4, 1999, management officials advised her to file a grievance
over the alleged disclosure of information relating to prior mediation
attempts rather than filing a discrimination complaint; and
On February 10, 1999, a Training and Curriculum Specialist made a racial
comment to the effect that �we got rid of one, now one more.�
In the instant complaint, we find that complainant failed to show that
she suffered harm with respect to the terms, conditions or privileges of
her employment as a result of the incidents identified. Standing alone,
each of complainant's claims fails to state a claim, and even when viewed
together and in a light most favorable to complainant, the claims are
insufficiently severe to establish a hostile work environment claim.
Consequently, complainant's complaint was properly dismissed for failure
to state a claim.<2> To the extent complainant's claims concern what
she considers improper handling of her EEO complaints, we remind the
agency that when claims of improper processing are raised, the complainant
should be referred to the agency official responsible for the quality of
complaints processing, and the agency should earnestly attempt to resolve
any dissatisfaction with the complaints process as early and expeditiously
as possible. EEO-MD 110 (5-25), as revised, November 9, 1999.
Accordingly, the agency's final decision dismissing complainant's
complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. The appellate decision involved a clearly erroneous interpretation
of material fact or law; or
2. The appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
Requests to reconsider, with supporting statement or brief, MUST BE FILED
WITH THE OFFICE OF FEDERAL OPERATIONS (OFO) WITHIN THIRTY (30) CALENDAR
DAYS of receipt of this decision or WITHIN TWENTY (20) CALENDAR DAYS OF
RECEIPT OF ANOTHER PARTY'S TIMELY REQUEST FOR RECONSIDERATION. See 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 29 C.F.R. � 1614.405); Equal Employment Opportunity Management
Directive for 29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999).
All requests and arguments must be submitted to the Director, Office of
Federal Operations, Equal Employment Opportunity Commission, P.O. Box
19848, Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. � 1614.604). The request or opposition must
also include proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
You have the right to file a civil action in an appropriate United States
District Court WITHIN NINETY (90) CALENDAR DAYS from the date that you
receive this decision. If you file a civil action, YOU MUST NAME AS
THE DEFENDANT IN THE COMPLAINT THE PERSON WHO IS THE OFFICIAL AGENCY HEAD
OR DEPARTMENT HEAD, IDENTIFYING THAT PERSON BY HIS OR HER FULL NAME AND
OFFICIAL TITLE. Failure to do so may result in the dismissal of your
case in court. "Agency" or "department" means the national organization,
and not the local office, facility or department in which you work. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
May 11, 2000
____________________________
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_______________ __________________________
Date 1On November 9, 1999, revised regulations governing the EEOC's
federal sector complaint process went into effect. These regulations
apply to all federal sector EEO complaints pending at any stage in
the administrative process. Consequently, the Commission will apply
the revised regulations found at 64 Fed. Reg. 37,644 (1999), where
applicable, in deciding the present appeal. The regulations, as amended,
may also be found at the Commission's website at www.eeoc.gov.
2The agency dismissed all of complainant's claims under29 C.F.R. �
1614.107(a)(1), for failure to state a claim and, alternatively,
dismissed claim (3) as a proposal to take a personnel action or other
preliminary step to taking a personnel action. See 64 Fed. Reg. 37,644,
37,656 (1999)(to be codified and hereinafter cited as 29 C.F.R. �
1614.107(a)(5)). As we affirm the agency's decision under 29 C.F.R. �
1614.107(a)(1), we do not address the agency's alternative basis for
dismissal of claim (3).