01A30617_r
03-13-2003
Willie T. Atkins, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Logistics Agency), Agency.
Willie T. Atkins v. Department of Defense (Defense Logistics Agency),
01A30617
March 13, 2003
.
Willie T. Atkins,
Complainant,
v.
Donald H. Rumsfeld,
Secretary,
Department of Defense,
(Defense Logistics Agency),
Agency.
Appeal No. 01A30617
Agency No. JQ-02-014
DECISION
Complainant appeals to the Commission from the agency's September 30, 2002
decision finding no discrimination. According to the agency's decision,
complainant alleges discrimination on the basis of age (date of birth:
February 27, 1941) when, on July 21, 2001, she became aware that she had
not been selected for the position of Financial Program Administrator,
GS-050-13, recruited under Job Announcement (JOA) DDC-01-3814.<1>
The agency, in its decision concluded that it asserted a legitimate,
nondiscriminatory reason for its actions, which complainant failed
to rebut.
We find that the agency has articulated a legitimate, nondiscriminatory
reason for not selecting complainant. The record shows that five
competitive selections were made and that one person was reassigned
to the position. Specifically, the Supervisory Financial Manager,
a selecting official, said that the two individuals that he selected
had prior experience in the areas of budget and financial analysis
whereas complainant's background was in accounting. Additionally,
the Supervisory Financial Program Administrator, another selecting
official, stated that the three individuals that she selected resulted
from her review of the candidates' applications, past performance from
working for her, and overall discussion with the Supervisory Financial
Manager and the Financial Manager. The Supervisor Financial Program
Administrator reported that she did not select complainant �primarily
because of her people skills.� She indicated that the team for which
complainant believed she was best suited deals with pay and travel
and involves a lot of daily contact with employees. She said that a
lot of adverse situations arise that the individual has to resolve.
She noted that complainant reacts defensively if someone contradicts
something she is telling them resulting in the situation becoming more
confrontational. She mentioned that there was a time when complainant
served as an unofficial team leader and that complainant seemed to lack
some leadership skills. She commented that things would get tense if
things did not go well and that team members who should have gone to
complainant would circumvent complainant and come directly to her.
Complainant has failed to show that the agency's reasons are pretext for
discrimination. Complainant has failed to show that her qualifications
for the position were plainly superior to the selectee's qualifications or
that the agency's action was motivated by discrimination. Complainant has
also failed to show that the reassignment of someone into the position
was motivated by discrimination. We find that complainant has failed
to show, by a preponderance of the evidence, that she was discriminated
against on the basis of age.
The agency's decision finding no discrimination 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 13, 2003
__________________
Date
1In her affidavit dated March 4, 2002,
complainant withdrew the basis of sex.