01A03141_r
04-18-2002
Sandra J. Verrone v. Department of Transportation
01A03141
April 18, 2002
.
Sandra J. Verrone,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Appeal No. 01A03141
Agency No. DOT-6-98-6126(R)
DECISION
Upon review, the Commission finds that complainant's complaint was
improperly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for failure to
state a claim. In a complaint dated August 26, 1998, complainant alleged
that she was subjected to discrimination on the bases of sex, disability,
and in reprisal for prior EEO activity when she was subjected to ongoing
harassment, sexual harassment and intimidation by her supervisors and
co-workers at different times since 1991.
In a prior final decision dated November 3, 1998, the agency dismissed
complainant's complaint on the grounds of untimely EEO Counselor contact.
On appeal, the Commission reversed the agency's dismissal and remanded
the complaint to the agency for further processing. Verrone v. Department
of Transportation, EEOC Appeal No. 01990968 (February 3, 2000).
In a final decision that is the subject of the instant appeal, the agency
dismissed the instant complaint for failure to state a claim.
On appeal, complainant alleged that as a result of the harassment,
she became ill and was forced to take early retirement. As remedy,
complainant requested payment of compensatory damages, attorney's fees,
restoration of all sick and annual leave, reimbursement of all out of
pocket expenses and promotion to Financial Specialist.
The only proper questions in determining whether a claim is within the
purview of the EEO process are (1) whether the complainant is an aggrieved
employee and (2) whether he/she has alleged employment discrimination
covered by EEO statutes. An employee is aggrieved if he/she has suffered
direct and personal deprivation at the hands of the employer. See Hobson
V. Department of the Navy, EEOC Request No. 05891133 (March 2, 1990).
A fair reading of complainant's complaint reflects that she is alleging
that she is the victim of sexual harassment and non-sexual harassment.
Specifically, the record reflects that complainant alleged a variety
of claims, including being yelled at by an agency official; being
followed about the work area by two employees who were monitoring her
conversation; and being questioned by an agency official regarding how
much longer she would be working with the agency. The Commission finds
that her claims are sufficient to render her an aggrieved employee.
The Commission has previously held that an agency should not ignore the
�pattern aspect� of a complainant's allegations and define the issues in a
piecemeal manner where an analogous theme unites the matters complained
of. Meaney v. Department of the Treasury, EEOC Request No. 05940169
(November 3, 1994). By alleging a pattern of harassment, complainant
has stated a cognizable claim under the EEOC regulations. See Cervantes
v. USPS, EEOC Request No. 05930303 (November 12, 1993). Accordingly,
the agency's decision to dismiss the complaint was improper and is
REVERSED. Complainant's complaint is REMANDED to the agency for further
processing in accordance with this decision and applicable regulations.
We note that on appeal, complainant first raises the issue of her
separation from agency employment. If complainant chooses to further
pursue this matter through the EEO complaint process, she is advised to
contact an EEO Counselor thereon.
ORDER (E0900)
The agency is ordered to process the remanded claims in accordance with
29 C.F.R. � 1614.108. The agency shall acknowledge to the complainant
that it has received the remanded claims within thirty (30) calendar
days of the date this decision becomes final. The agency shall issue
to complainant a copy of the investigative file and also shall notify
complainant of the appropriate rights within one hundred fifty (150)
calendar days of the date this decision becomes final, unless the matter
is otherwise resolved prior to that time. If the complainant requests a
final decision without a hearing, the agency shall issue a final decision
within sixty (60) days of receipt of complainant's request.
A copy of the agency's letter of acknowledgment to complainant and a
copy of the notice that transmits the investigative file and notice of
rights must be sent to the Compliance Officer as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement
of the order. 29 C.F.R. � 1614.503(a). The complainant also has the
right to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).
Alternatively, the complainant has the right to file a civil action on
the underlying complaint in accordance with the paragraph below entitled
"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.
A civil action for enforcement or a civil action on the underlying
complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)
(1994 & Supp. IV 1999). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 29 C.F.R. � 1614.409.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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 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 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).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. In the alternative, you may file a
civil action after one hundred and eighty (180) calendar days of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. 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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
April 18, 2002
__________________
Date