01A20447_r
03-11-2002
Shelia A. Welsh, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Shelia A. Welsh v. Department of the Navy
01A20447
March 11, 2002
.
Shelia A. Welsh,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Appeal No. 01A20447
Agency No. 01-68437-001
DECISION
Upon review, the Commission finds that the agency properly dismissed
complainant's complaint for failure to state a claim, pursuant to
29 C.F.R. � 1614.107(a)(1). In a complaint dated August 15, 2001,
complainant claimed that she was discriminated against on the basis of
race (Black) when complainant's supervisor treated complainant differently
than her co-workers regarding work assignments, leave and an on the job
injury, specifically:
From January 2000 through March 2000, when complainant was called by her
child's school to come pick up her sick child, complainant's supervisor
said, �Is that child ever well?�
In April 2000, complainant injured her back on the job, but complainant's
supervisor did not file a report, and no paperwork was offered to
complainant.
From May 2000 through August 2000, complainant's supervisor left notes
on complainant's desk regarding work assignments rather than verbally
communicating with complainant.
In September 2000, complainant volunteered to fill in for the travel
clerk.
In October 2000, complainant requested not to maintain the Plant Property
desk in addition to her own, and complainant was given work assignments
by other employees, rather than by her supervisor. Additionally,
complainant asked to go home thirty minutes early because she worked
through lunch and her request was denied.
In April 2001, complainant was advanced annual leave, but returned to
work when she was still sore from surgery. Additionally, complainant
was asked to cover the travel clerk's desk while the travel clerk was
on leave.
From May 2001 to the present, complainant has had very little work to
do during most of the day.
The Commission finds that complainant's claims, even if proven to be
true, do not indicate that complainant has been subjected to harassment
that was sufficiently severe or pervasive to alter the conditions of
her employment. The agency's final decision dismissing complainant's
complaint is affirmed.
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 (S0900)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
March 11, 2002
__________________
Date