01a53941
08-18-2005
Evelyn Herold, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Evelyn Herold v. Department of the Treasury
01A53941
August 18, 2005
.
Evelyn Herold,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A53941
Agency No. TD-03-4244
Hearing No. 320-2004-00334X
DECISION
Complainant filed an appeal from the agency's final order concerning her
equal employment opportunity (EEO) complaint on May 12, 2005. She alleged
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 order.
The record reveals that complainant, a Management and Program Analyst
GS-0343-13 at the agency's Small Business/Self Employed Division of
Management facility, filed a formal EEO complaint on May 12, 2005,
alleging that the agency discriminated against her on the bases of race
(Caucasian), sex (female), and in reprisal for prior EEO activity when:
(1) her manager removed complainant's access to the manager's e-mail
and calendar;
her major duties were removed or reassigned which included approval
authority;
her manager questioned her about being late on June 16, 2003;
her manager demanded that complainant change her tour of duty to the
original schedule;
her manager made comments about complainant's lack of loyalty and her
lack of trust in complainant.
Complainant also alleged that these incidents created a hostile work
environment. At the conclusion of the investigation, complainant received
a copy of the investigative report and requested a hearing before an EEOC
Administrative Judge (AJ). The AJ issued a decision without a hearing,
finding no discrimination.
The AJ concluded that complainant failed to establish a prima facie
case of discrimination because there was no evidence that any similarly
situated employee, not in complainant's protected class, was treated more
favorably. He also found that the incidents and others asserted were
insufficient to establish that she had been subjected to harassment or
had the effect of unreasonably interfering with the work environment.
The AJ further concluded that complainant failed to raise
sufficient evidence to challenge the agency's articulated legitimate,
nondiscriminatory reasons for its actions. The agency's final order
fully implemented the AJ's decision.
Complainant essentially makes no new contentions on appeal, and the
agency requests that we affirm its final order.
After a careful review of the record, the Commission finds that grant
of summary judgment was appropriate, as no genuine dispute of material
fact exists. We find that the AJ's decision properly summarized the
relevant facts and referenced the appropriate regulations, policies, and
laws. Even when construing the evidence in the light most favorable to
complainant, there was no genuine issue of material fact that the agency's
actions were normal managerial decisions regarding the most efficient
arrangement of work assignments and tours of duty. Therefore, we affirm
the AJ's grant of summary judgment finding no discrimination.
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
August 18, 2005
Date