01A32247_r
08-07-2003
Violet Brooks, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Violet Brooks v. Department of Veterans Affairs
01A32247
August 7, 2003
.
Violet Brooks,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A32247
Agency No. 200L-0596-2002104224
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for failure
to state a claim. In a complaint dated September 3, 2002, complainant
alleged that she was subjected to discrimination on the basis of
her association with an individual with a disability (her son) when, on
July 29, 2002, the agency did not allow her a reasonable accommodation
to keep her same duty hours.
According to the regulation set forth at 29 C.F.R. � 1630.8, it is
unlawful for a covered entity to exclude or deny equal jobs or benefits
to, or otherwise discriminate against, a qualified individual because of
the known disability of an individual with whom the qualified individual
is known to have a family, business, social or other relationship
or association. The Commission has held, however, that individuals
with a relationship or association with a person with a disability are
not entitled to receive reasonable accommodations. EEOC's Enforcement
Guidance on Reasonable Accommodation and Undue Hardship Under the
Americans with Disabilities Act at n. 5 (October 17, 2002); see Lazer
v. Dept. of Transportation, EEOC Appeal No. 01A24474 (Jan. 22, 2003).
In the present case, complainant claims that she was discriminated
against based on her association with a disabled person when she was
denied a reasonable accommodation. Therefore, we find that complainant's
complaint fails to state a cognizable claim.
Complainant has not challenged the definition of the complaint as
being based on disability (her son) discrimination. Nevertheless, the
Commission recognizes that complainant indicated on the complaint form
that her basis of discrimination was reprisal. The Commission finds
that to the extent that complainant is alleging discrimination on the
basis of reprisal, she failed to indicate in the complaint or on appeal
that she engaged in protected activity.
Accordingly, 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
August 7, 2003
__________________
Date