Debra M. Wilson, Complainant,v.Gordon R. England, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionJun 3, 2004
01A34159 (E.E.O.C. Jun. 3, 2004)

01A34159

06-03-2004

Debra M. Wilson, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.


Debra M. Wilson v. Department of the Navy

01A34159

June 3, 2004

.

Debra M. Wilson,

Complainant,

v.

Gordon R. England,

Secretary,

Department of the Navy,

Agency.

Appeal No. 01A34159

Agency No. DON-02-00251-026

DECISION

Complainant timely initiated an appeal from a final agency decision

(FAD) concerning 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. The appeal is accepted pursuant

to 29 C.F.R. � 1614.405. For the following reasons, the Commission

affirms the agency's final decision.

The record reveals that during the relevant time, complainant was employed

as an Administrative Technician, GS-6, at the agency's Puget Sound Naval

Shipyard in Bremerton, Washington. Complainant sought EEO counseling

and subsequently filed a formal complaint on August 26, 2002, alleging

that she was harassed on the bases of race (Caucasian), sex (female),

and color (White) when she was subjected to continual harassment when

her personal and union papers were stolen, a picture frame containing a

picture of her son was broken, and her personal property (a troll doll)

was drawn on with a permanent black maker.

At the conclusion of the investigation, complainant was informed of

her right to request a hearing before an EEOC Administrative Judge

or alternatively, to receive a final decision by the agency. When

complainant failed to respond within the time period specified in 29

C.F.R. � 1614.108(f), the agency issued a final decision.

In its FAD, the agency concluded that complainant failed to prove

that she was subjected to harassment sufficiently severe or pervasive

so as to render her work environment hostile. The agency found that

complainant admitted that she did not know who had stolen her papers and

that there was no proof that the papers were actually stolen, rather

than misplaced. The agency also found that complainant admitted that

she did not know who had broken the picture frame, or who had drawn on

the doll. The agency further found that complainant's supervisor (S1)

was not aware of the stolen papers or how the picture frame was broken

but took prompt action when complainant brought the doll incident

to her attention. Complainant makes no new contentions on appeal.

The agency requests that we affirm its FAD.

To establish a prima facie case of hostile work environment harassment,

complainant must show that: (1) she belongs to a statutorily protected

class; (2) she was subjected to harassment in the form of unwelcome verbal

or physical conduct involving the protected class; (3) the harassment

complained of was based on the statutorily protected class; and (4)

the harassment affected a term or condition of employment and/or had the

purpose or effect of unreasonably interfering with the work environment

and/or creating an intimidating, hostile, or offensive work environment.

Humphrey v. United States Postal Service, EEOC Appeal No. 01965238

(October 16, 1998). Upon review, we find that complainant failed to

establish a prima facie case of harassment. Specifically, we find that

a reasonable fact-finder could not conclude that challenged incidents,

taken together, were sufficiently severe or pervasive to establish a

hostile work environment. We also conclude that complainant presents

insufficient evidence that she was singled out for this treatment because

of her protected classes. The record does not support a finding that

complainant was subjected to the alleged conduct based on her race,

color or sex.

Therefore, after a careful review of the record, including complainant's

contentions on appeal, the agency's response, and arguments and evidence

not specifically addressed in this decision, we affirm the FAD.

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

June 3, 2004

__________________

Date