Sonja C. Egblomasse, Complainant,v.Louis Caldera, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionNov 24, 2000
01990851 (E.E.O.C. Nov. 24, 2000)

01990851

11-24-2000

Sonja C. Egblomasse, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.


Sonja C. Egblomasse v. Department of the Army

01990851

November 24, 2000

.

Sonja C. Egblomasse,

Complainant,

v.

Louis Caldera,

Secretary,

Department of the Army,

Agency.

Appeal No. 01990851

Agency No. BWJCFO9705H0620

DECISION

Complainant filed a timely appeal with this Commission from an

agency decision dated September 15, 1998, dismissing her complaint of

unlawful employment discrimination in violation of Title VII of the

Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq and,

the Age Discrimination in Employment Act of 1967 (ADEA), as amended,

29 U.S.C. � 621 et seq.<1> In her complaint, complainant alleged that

she was subjected to discrimination on the bases of race (African

American), color (Black), age (50) and reprisal (prior EEO activity)

when from January 24, 1997 through September 29, 1997, she was subjected

to continuous harassment in the work environment.

The record indicates that complainant initially sought EEO counseling

on February 5, 1997, concerning allegations of discrimination in her

work place. However, at the time of complainant's initial contact of

an EEO Counselor, she did not identify any bases of discrimination

recognized under Title VII. Thereafter, on May 7, 1997, the record

indicates that complainant filed an informal complaint concerning

the denial of her request for a tour extension. Complainant claimed

that she had been discriminated against based on her race and age.<2>

During the informal inquiry regarding her complaint, complainant raised

additional issues of harassment and hostile work environment as part of

her discrimination claim. On September 9, 1997, complainant mailed a

formal complaint to the agency's EEO office which raised only the issues

of harassment and hostile work environment, omitting the issue concerning

the denial of her request for a tour extension. Complainant's formal

complaint also raised reprisal as a basis of her discrimination claim.

By letter dated November 24, 1997, the agency requested that complainant

clarify the issues in her complaint. Complainant's only response to the

agency's request referred the agency to a grievance package complainant

had submitted to the USA Army Hospital at complainant's duty station in

Wuerzburg, Germany. Complainant failed to address the agency's specific

requests for clarification.

By letter dated April 6, 1998, the agency again requested that complainant

clarify her complaint allegations and advised her that her complaint

could be dismissed for failure to cooperate if she failed to respond

to the agency's specific request for information within 15 days.

Complainant's response dated April 23, 1998, stated that it was the

EEO Manager who had failed to cooperate. Again, complainant failed to

respond to the agency's specific request for information. In addition,

the record indicates that the agency's EEO office attempted on two

occasions to schedule appointments with complainant in an attempt to

clarify her discrimination claim. Complainant responded to the agency's

attempts to schedule an interview, with a letter requesting that the

agency forward her complaint to the appropriate EEOC District Office

for a hearing before an Administrative Judge.

In a decision dated September 15, 1998, the agency dismissed complainant's

claim of employment discrimination pursuant to EEOC Regulation 29

C.F.R. � 1614.107(a)(7) for failure to cooperate. Specifically, the

agency determined that after repeated requests for clarification regarding

her allegations of discrimination, complainant failed to respond.

EEOC Regulation 29 C.F.R. � 1614.107(a)(7) provides that an agency shall

dismiss a complaint or portion of a complaint where an agency has provided

the complainant with a written request to provide relevant information or

otherwise proceed with the complaint and the complainant has failed to

respond to the request within 15 days of its receipt. A review of the

record shows that complainant did not comply with the agency's repeated

requests for clarifying information. Under the circumstances we find

that the agency's request for additional information from complainant was

reasonable and her repeated refusals to cooperate justify the agency's

dismissal of her complaint pursuant to applicable EEOC regulations.

Accordingly, the agency's decision is hereby AFFIRMED for the reasons

set forth herein.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0900)

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

November 24, 2000

___________________

Date

__________________

Date1On 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 29 C.F.R. Part 1614 in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.

2We note that after complainant filed her May 7, 1997 informal complaint,

she retired from her position with the agency on September 30, 1997.