01a42266_r
09-28-2004
Mary E. Galer, Complainant, v. Colin L. Powell, Secretary, Department of State, Agency.
Mary E. Galer v. Department of State
01A42266
September 28, 2004
.
Mary E. Galer,
Complainant,
v.
Colin L. Powell,
Secretary,
Department of State,
Agency.
Appeal No. 01A42266
Agency No. DOS-F-016-04
DECISION
Complainant initiated contact with an EEO Counselor on August 11, 2003.
On November 28, 2003, complainant filed a formal EEO complaint wherein
she claimed that she was discriminated against on the bases of her
race (Caucasian), sex (female), color (white), age (dob 10/2/1945),
and in reprisal for her previous EEO activity under Title VII and the
Age Discrimination in Employment Act when:
1. On August 4, 2003, complainant's supervisor questioned her about
her whereabouts on August 1, 2003, when she was spotted outside with
her coat and purse, and her whereabouts have since been monitored by
her supervisors.
2. On June 17, 2003, complainant's supervisor denied her request for
a year of leave without pay status.
Complainant claimed that the agency's actions as described in claim (1)
constituted harassment.
The agency dismissed claim (1) for failure to state a claim. The agency
dismissed claim (2) for untimely EEO Counselor contact. We note
with regard to claim (1) that while complainant claims that she is
being regularly monitored and followed at work, she does not cite any
specific incidents other than the alleged incident of August 4, 2003,
and a subsequent incident where she confronted the individual following
her and that individual supposedly admitted to following her. We find
that the alleged actions in claim (1) are not of sufficient severity or
pervasiveness to constitute harassment. Furthermore, complainant has
not established that she suffered personal harm to a term, condition or
privilege as a result of the alleged actions in claim (1). The Commission
finds that complainant was not aggrieved by the alleged actions at issue
in claim (1) and that claim (1) was properly dismissed for failure to
state a claim pursuant to 29 C.F.R. � 1614.107(a)(1).
With respect to claim (2), the record reveals that complainant's
request for a year of leave without pay status was denied on June
17, 2003. Complainant did not initiate contact with an EEO Counselor
until August 11, 2003, after the expiration of the 45-day limitation
period for contacting an EEO Counselor. Complainant has not submitted
sufficient argument or evidence to justify an extension of the 45-day
limitation period. Thus, we find that claim (2) was properly dismissed
for untimely EEO Counselor contact pursuant to 29 C.F.R. � 1614.107(a)(2).
The agency's dismissal of the complaint 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
September 28, 2004
__________________
Date