01a55763_r
04-28-2006
Tai de Blonk, Complainant, v. Bill Baxter, Chairman, Tennessee Valley Authority, Agency.
Tai de Blonk v. Tennessee Valley Authority
01A55763
April 28, 2006
.
Tai de Blonk,
Complainant,
v.
Bill Baxter,
Chairman,
Tennessee Valley Authority,
Agency.
Appeal No. 01A55763
Agency No. 0512-2004037
DECISION
Complainant initiated an appeal from a final decision, dated July 22,
2005, concerning his complaint of unlawful employment discrimination
in violation of Title VII of the Civil Rights Act of 1964 (Title VII),
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.
For the following reasons, the Commission AFFIRMS the agency's final
decision.
The record reveals that during the relevant time, complainant was
an applicant for employment at the agency's Sequoyah Nuclear Plant,
Soddy-Daisy, Tennessee facility. Complainant sought EEO counseling and
subsequently filed a formal complaint, dated May 12, 2004, alleging that
he was discriminated against on the bases of national origin (Korean)
and age (51) when:
On March 24, 2004, complainant was not selected for the position of
Electrician - Fire Protection, Vacant Position Announcement number
0000019459).
At the conclusion of the investigation, complainant was informed of
his right to request a hearing before an EEOC Administrative Judge or
alternatively, to receive a final decision by the agency. Complainant
requested that the agency issue a final decision.
In its decision, the agency concluded that complainant was qualified
for the position and received an interview along with other candidates.
However, the agency found that complainant did not receive a score
high enough to be rated as the best qualified for the position by the
interviewing and reviewing officials. Accordingly, the agency selected
two applicants whose scores were higher than complainant's score.
On appeal, complainant contends that the agency had two individuals in
mind for the vacant positions and that his training and experience with
the Navy were discounted and not given enough weight in evaluating his
qualifications.
The Commission finds that complainant properly established a prima
facie case of national origin and age discrimination. Specifically, the
selectees for the position were substantially younger than complainant
at the time of their selection<1>, and that neither selectee was of
the same national origin as complainant. However, we also find that
complainant failed to present evidence that more likely than not,
the agency's articulated reasons for its actions were a pretext for
discrimination. In reaching this conclusion, we note that the interview
panel members specifically noted the selectees' experience with nuclear
power, with power outages, and willingness to work and contribute
as part of a multiskilled team. We further note that while the panel
members and reviewing officials considered complainant qualified for the
subject position, complainant does not argue and has not shown that his
qualifications (including the training and experience he received while
serving in the Navy and employed elsewhere) were plainly superior to
those possessed by the selectees. Moreover, we find that complainant
has not shown any evidence that his national origin or age played any
role in the agency's selection process.
We AFFIRM the agency's final decision finding no discrimination.
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
April 28, 2006
__________________
Date
1The record shows that the selectees were 38 and 37 years of age at the
time they were selected for hire by the agency.