01a24603_r
01-14-2003
Monica O. Nwevo, Complainant, v. Donald L. Evans, Secretary, Department of Commerce, Agency.
Monica O. Nwevo v. Department of Commerce
01A24603
January 14, 2003
.
Monica O. Nwevo,
Complainant,
v.
Donald L. Evans,
Secretary,
Department of Commerce,
Agency.
Appeal No. 01A24603
Agency No. 00-63-02709D
Hearing No. 330-A1-8180X
DECISION
The record indicates that complainant filed an appeal from the agency's
final action dated August 7, 2002, concerning her complaint of 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.
In her complaint, complainant, a former Enumerator, alleged that she
was discriminated against based on race/color (unspecified/off-coffee),
religion (Catholic), sex (female), and national origin (Nigerian) when
on May 10, 2000, she was terminated from her temporary appointment.
The record indicates that at the conclusion of the investigation,
complainant requested a hearing before an EEOC Administrative Judge (AJ).
The AJ, after a hearing, issued a decision finding no discrimination,
which was implemented by the agency in its final action.
After a review of the record, the Commission finds that, assuming arguendo
that complainant had established a prima facie case of discrimination, the
agency articulated legitimate, nondiscriminatory reasons for its action.
Initially, the Commission notes that three days prior to her termination
at issue, complainant was hired as a temporary appointment on May 7,
2000, not-to-exceed July 31, 2000. An agency supervisor testified
that on May 9, 2000, during a training class for newly hired, temporary
employees, complainant began shouting at two other female trainees and
telling them not to laugh at her. The supervisor indicated that she
informed complainant that her behavior and comments were inappropriate
and unacceptable. The supervisor also indicated that she told the
two trainees to sit on the other side of the training class, away from
complainant. The supervisor also testified that on the next day on May
10, 2000, during a practice enumeration session, complainant approached
the two female trainees, began shaking her clipboard at them, accused
them of following her, and threatened them that she would get her son
to kill them.
The Commission finds that complainant failed to show that the agency's
reasons were pretext for discrimination. Complainant did not rebut the
agency's arguments that its action was nothing more than a business
decision without discriminatory motive. The Commission finds that
complainant failed to show, by a preponderance of the evidence, that
she was discriminated against based on race/color, religion, sex, and
national origin.
The agency's decision finding no discrimination 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
January 14, 2003
__________________
Date