01a60855
04-12-2006
Darlene Chamberlain, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Darlene Chamberlain v. Department of the Treasury
01A60855
April 12, 2006
.
Darlene Chamberlain,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A60855
Agency Nos. TD-04-2193;
TD-04-2386; TD-04-2387; & TD-05-2070
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's final decision in the above-entitled matter.
Complainant alleged that the agency discriminated against her, in
violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq., on the bases of race (Black)
and reprisal for prior EEO activity when:
(1) she was not selected for the position of Internal Revenue Agent
(IRA) GS-512-13 (Vacancy Announcement Number LMB-3G861) (IRA 1);
she was not selected for the position of IRA GS-512-13 (Vacancy
Announcement Number LMB-4G626) (IRA 2);
she was not selected for the position of IRA GS-512-13 (Vacancy
Announcement Number ARB030D4) (IRA 3);
on July 23, 2004, her mid-year review was lowered;
her departure rating received on September 23, 2004, was lowered; and
her annual performance appraisal received on February 5, 2005, was
lowered.<1>
With respect to Issues 1 - 3, the responsible management officials<2>
agreed that complainant was not selected for each position because of
her performance during the interview. Specifically, with respect to
IRA 1, management explained that complainant exhibited uncertainty as to
"Schedule M," as well as, management strategies for Large and Mid-Size
Business Division (LMSD). With respect to IRA 2, management agreed
that both applicants<3> lacked the specialized experience and skills
necessary to perform the position. Complainant conceded that she did not
interview well for this position. Neither applicant was chosen for the
position. With respect to IRA 3, management explained that complainant
needed to be prompted to answer questions in the interview by either
asking additional questions or explaining the question. In addition,
management cited a number of instances in which complainant's answers
were incomplete or incorrect. With respect to Issues 4 - 6, the
preponderance of the evidence establishes that a re-engineering process
had been implemented in November 2003. Management's actions in lowering
complainant's performance ratings appear to be based upon complainant's
failure to follow this new process. The preponderance of the evidence
does not support a causal connection between complainant's protected
activity and the lowered performance ratings.
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 decision
because the preponderance of the evidence of record 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 12, 2006
__________________
Date
1Issues 4 - 6 allege reprisal only.
2 Two members of the selection panel were White and one member was Black.
3 The other applicant was White.