01A33591
04-22-2004
Arthur L. Lloyd, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Arthur L. Lloyd v. Department of Justice
01A33591
April 22, 2004
.
Arthur L. Lloyd,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Appeal No. 01A33591
Agency Nos. M-01-0001 & M-02-0020
Hearing No. 100-A2-7717X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's final order in the above-entitled matter.
Complainant alleged that the agency had discriminated against him, 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
the bases of race (African-American), age (49), and reprisal for prior
EEO activity when:
(1) he was removed from the Elian Gonzalez detail in June 2000;
he was not allowed to use the fax machine in his immediate supervisor's
(S1) office on August 14, 2000;
on November 15, 1999, he was given a late assignment requiring him to
work until 7:10 p.m.;
on November 26, 1999, he was the only Deputy U.S. Marshall (DUSM)
who had to remain on duty until 5:00 p.m.;
an assignment he had been scheduled for on December 4, 2000 was
cancelled;
management encouraged a contract guard to file a report against him;
on September 15, 2002, he was called in to read and sign for official
notification and waiver of rights from the Office of Internal Affairs
(OIA);
on June 20, 2001, he was assigned to another courtroom to allegedly
prevent him from being assigned to a high profile trial;
he was not give the codes for car phones;
management officials did not respond to his request on August 1, 2001,
for a Nextel phone;
on September 21, 2001, he was denied 1.5 hours of overtime;
he was denied overtime for late evening assignments on August 1, 17,
September 7, and 14, 2001;
on September 21, 2001, he was given a late assignment at 5:15 p.m. to
transport a prisoner to Loudon County, Virginia;
on three dates in August 2001, he was given late evening cell block
assignments without advance notice or a schedule of when Court Support
deputies are supposed to work cell block evening assignments; and
he was given a parking ticket on September 10, 2001, for parking his
personal vehicle in a reserved parking space.
Complainant also alleged that the agency had discriminated against him,
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
the bases of race (African-American), age (49), and reprisal for prior
EEO activity when he was subjected to a hostile work environment in the
following manner:
on November 9, 1999, S1 told him that it was �not his problem and you
should have eaten at the range;�
on November 23, 1999, even though he was approved for sick leave for an
appointment at 3:00 p.m., he was not relieved of his assignment until
2:55 p.m.;
on June 30, 2000, he was given the �run around� from his supervisors
when attempting to request sick leave;
although he was approved for annual leave on August 8, 2000, he was
required to work that day;
upon reporting for work on September 6, 2000, he was told by S1, �Go
home, and change into a suit;�
on September 6, 2000, S1 denied his wife's request to visit with him;
on November 1, 2001, an investigator from OIA called his wife at their
residence to question her about past domestic problems;
on November 8, 2001, management failed to respond to his requests
regarding procedures required to obtain a top secret clearance and on
how to become a member of the SRT team and special assignments;
on November 8, 2001, an OIA inspector intentionally called the District
Office front desk and asked to speak to complainant because he was aware
that the District would know that it was OIA calling; additionally,
complainant was advised that he was under investigation regarding a
domestic matter;
on or about November 8, 2001, he learned that two other deputies had
been approved for family leave; however, his request for family leave
three years earlier was allegedly denied; and
on December 14, 2001, he was given an assignment along with another
DUSM to work with the Federal Bureau of Investigation to search for a
bomb in a trailer from 5:00 p.m. to 1:30 a.m. despite the fact that he
had never received bomb training.
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to affirm the agency's final order,
because the Administrative Judge's issuance of a decision without a
hearing was appropriate and a preponderance of the record evidence does
not establish that discrimination occurred.
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 22, 2004
__________________
Date