01a44428
02-16-2005
Gwendolyn O. Harrison, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Gwendolyn O. Harrison v. Department of Veterans Affairs
01A44428
February 16, 2005
.
Gwendolyn O. Harrison,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A44428
Agency No. 200L-0520-2003101163
DECISION
Complainant filed an appeal with the Commission concerning her complaint
of unlawful employment discrimination. According to the agency's
decision, complainant alleges that she was subjected to discrimination
on the bases of race (African-American) and sex (female) when:
1. On January 6, 2003, complainant stated that she felt that she was
being harassed.
On January 10, 2003, she was forced to perform both Clinical Pharmacist
and Staff Pharmacist duties.
The agency, in its decision, concluded that it asserted a legitimate,
nondiscriminatory reason for its actions, which complainant failed
to rebut.
Regarding complainant's allegation that she was forced to perform both
Clinical Pharmacist and Staff Pharmacist duties, we find that the agency
has articulated a legitimate, nondiscriminatory reason for its assignment
of duties. Management stated that there was a staffing shortage during
that time frame. Management also stated that complainant was required
to perform both Clinical and Staff Pharmacist duties during the holiday
season due to staffing shortage. As soon as the season was over,
complainant was returned to her normal duties as a Clinical Pharmacist.
Recognizing that they had staffing shortages, management said that they
hired another Pharmacist one month after the January 10, 2003 date
in dispute. Therefore, we find that complainant has failed to show
that the agency's reasons are pretext for discrimination. Moreover,
complainant has failed to show, by a preponderance of the evidence,
that she was discriminated against on the bases of race or sex.
As to complainant's allegation of harassment, we concur with the agency
and find that complainant is not aggrieved as a result of the acts
alleged in claim 1. Nothing in the record indicates that complainant
suffered any harm or loss with respect to a term, condition, or privilege
of employment for which there is a remedy. See Diaz v. Department of
the Air Force, EEOC Request No. 05931049 (April 21, 1994). Moreover,
we do not find that the complainant's complaint is sufficiently severe
so as to state a claim of harassment.
The agency's decision is AFFIRMED.
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
February 16, 2005
__________________
Date