01991517_r
05-09-2001
Elnora Brown, Complainant, v. Anthony P. Principi, Secretary, Department of Veterans Affairs, Agency.
Elnora Brown v. Department of Veterans Affairs
01991517
May 9, 2001
.
Elnora Brown,
Complainant,
v.
Anthony P. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01991517
Agency No. 98-4148
DECISION
Upon review, the Commission finds that the agency's decision dated
December 1, 1998, dismissing complainant's complainant was proper.
Complainant alleged in her complaint that she was discriminated against
on the bases of disability and reprisal, when (1) on October 26, 1996,
the agency attempted to force complainant into retirement and then
terminated her the same day; and (2) from October 26, 1996 to the time
of filing the complaint, complainant was stalked by the agency.
The agency dismissed the first claim of forced retirement and termination
for not raising the matter with an EEO Counselor and for untimely EEO
Counselor contact pursuant to 29 C.F.R. �1614.107(a)(2). The agency
dismissed the claim of stalking for stating the same claim that is
pending before or has been decided by the agency or Commission pursuant
to 29 C.F.R. � 1614.107(a)(1).
Regarding claim 1, complainant argues on appeal that she did not mean
to raise the claim of forced retirement/termination in her complaint.
Therefore, to the extent that claim 1 was raised in the complaint, we
find that it has now been withdrawn. Regarding claim 2, we find that
this claim fails to state a claim and is properly dismissed pursuant
to 29 C.F.R. � 1614.107(a)(1). Because the �stalking� occurred after
complainant was terminated on October 26, 1996, complainant is not an
aggrieved person who is suffering a present harm or loss with respect
to a term, condition, or privilege of her employment for which there is
a remedy. Therefore, claim 2 is dismissed for failure to state a claim.
The agency's decision dismissing the complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
May 9, 2001
__________________
Date