0520070524
08-10-2007
Virginia E. Endicott, Complainant, v. Henry M. Paulson, Jr., Secretary, Department of the Treasury, Agency.
Virginia E. Endicott,
Complainant,
v.
Henry M. Paulson, Jr.,
Secretary,
Department of the Treasury,
Agency.
Request No. 0520070524
Appeal No. 0120071331
Agency No. IRS-05-0277-F
DECISION
On March 29, 2007, the Equal Employment Opportunity Commission issued
its decision in Virginia E. Endicott v. Department of the Treasury,
EEOC Appeal No. 0120071331. In that decision, the Commission reversed
the agency's December 12, 2006 dismissal of a portion of complainant's
complaint of discrimination pursuant to 29 C.F.R. � 1614.107(a)(1).
For the reasons stated below, the Commission reconsiders its decision
in EEOC Appeal No. 0120071331. See 29 C.F.R. � 1614.405(b).
Due to an inadvertent administrative error when adjudicating EEOC Appeal
No. 0120071331, the decision was issued prior to receipt of the agency's
brief in support of its dismissal decision. After consideration
of the brief, which has now been submitted by the agency with its
request for reconsideration, it appears that the previous appellate
decision erroneously interpreted some of the facts in this matter.
Upon reconsideration, we now find that the record supports the agency's
dismissal of claims (3) and (4). The record, as clarified by the agency's
brief, establishes that complainant resigned from the agency prior to the
effective date of the suspension in claim (4), and the proposed suspension
was cancelled. Likewise, the memorandum in claim (3) warning complainant
of potential future discipline has been rendered moot by her resignation.
We note that complainant has not raised a claim of constructive discharge,
and has not alleged any other harm occurred to her as a result of these
actions. Therefore, under the facts of this case, complainant has not
stated a claim of harm or loss that can be remedied under Title VII.
Accordingly, the Commission's decision in EEOC Appeal No. 0120071331,
including its Order remanding claims (3) and (4) of the complaint for
further processing, is VACATED, and the agency's final decision dismissing
the complaint in its entirety is AFFIRMED.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. 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.
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 10, 2007
__________________
Date
2
0520070524
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
0520070524