01A35065_r
02-25-2004
Lorraine Washington, Complainant, v. Ann M. Veneman, Secretary, Department of Agriculture, Agency.
Lorraine Washington v. Department of Agriculture
01A35065
February 25, 2004
.
Lorraine Washington,
Complainant,
v.
Ann M. Veneman,
Secretary,
Department of Agriculture,
Agency.
Appeal Nos. 01A35065
Agency Nos. 010688, 010660, 010689, 010753, 010754, 020045, 020056
DECISION
Complainant filed an appeal with this Commission from the agency's final
decision, dated February 14, 2003, dismissing her complaints of unlawful
employment discrimination on the grounds that complainant was a plaintiff
in a civil action that raised matters identical to those raised in her
complaints. Complainant alleged that she was subjected to discrimination
on the bases of sex (female) race (Black), age (D.O.B. January 5, 1956),
and reprisal for prior EEO activity when:
On April 19, 2001, management excluded complainant from parts of staff
meetings.
On May 23, 2001, someone locked complainant's purse in her desk drawer.
On May 2, 2001, management allegedly told complainant that she was
subjected to discrimination.
On July 18, 2001, complainant was denied the opportunity to work overtime
and to accrue compensatory time.
On July 30, 2001, complainant was not compensated for work performed
beyond her tour of duty.
On September 2, 2001, management allowed an employee to violate a
no-contact order.
On October 3, 2001, complainant was not allowed to use her floor heater.
The record discloses that complainant is among the named plaintiffs
in Civil Action No. 02-2678 that was filed on August 30, 2002, in the
United States District Court for the Eastern District of Louisiana.
The record further discloses that the claims raised in Civil Action
No. 02-2678 are the same as those raised in the complaints now before us.
Therefore, we find that the instant complaints were properly dismissed
pursuant to 29 C.F.R. � 1614.107(a)(3).
Accordingly, the agency's decision dismissing complainant's complaints
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 25, 2004
__________________
Date