01a51446
04-25-2006
Amy G. Dugan, Complainant, v. Michael W. Wynne, Secretary, Department of the Air Force, Agency.
Amy G. Dugan v. Department of the Air Force
01A51446
April 25, 2006
.
Amy G. Dugan,
Complainant,
v.
Michael W. Wynne,
Secretary,
Department of the Air Force,
Agency.
Appeal No. 01A51446
Agency No. 6M0M04013
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated November 2, 2004, dismissing her 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.
On August 11, 2004, complainant filed a formal complaint, claiming that
she was the victim of unlawful employment discrimination on the bases
of sex, age, and in reprisal for prior protected activity.
In its November 2, 2004 final decision, the agency dismissed complainant's
complaint pursuant to 29 C.F.R. � 1614.107(a)(1) for failure to state
a claim. Specifically, the agency determined that a request for
clarification was mailed to complainant on October 6, 2004, informing
her that failure to respond within fifteen days of receipt could result
in the dismissal of her complaint, but that a response was never sent
to the agency.
In response to complainant' appeal, the agency states that in
complainant's complaint form, which requests that complainants to
provide a specific explanation of alleged discriminatory events,
complainant listed a �short paragraph in terse bullet form, and attached
five continuation pages.� The agency argues that the continuation
pages are written in fragments, and that it is impossible to tell what
is claimed. The agency notes that complainant apparently claims that
some matters arose in her military capacity, over which the Commission
has no jurisdiction, and that others simply address workplace problems,
and not express discrimination claims.
Upon review, the Commission agrees with the agency and determines that
because of the vague and general nature of the matters raised in the
instant complaint, the complaint failed to state a claim under the EEOC
regulations because complainant failed to show that she suffered harm or
loss with respect to a term, condition, or privilege of employment for
which there is a remedy. See Diaz v. Department of the Air Force, EEOC
Request No. 05931049 (April 21, 1994). The Commission notes, moreover,
that the agency's attempts to secure clarification from complainant
on the express claims of which her formal complaint was comprised,
were unsuccessful.
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
April 25, 2006
__________________
Date