Evelyn Herold, Complainant,v.John W. Snow, Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity CommissionAug 18, 2005
01a53941 (E.E.O.C. Aug. 18, 2005)

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