01A21255
06-17-2003
Peggy G. Schmoll v. Department of the Army
01A21255
June 17, 2003
.
Peggy G. Schmoll,
Complainant,
v.
R.L. Brownlee,
Acting Secretary,
Department of the Army,
Agency.
Appeal No. 01A21255
Agency Nos. ANBKFO0006A0380,
ANBKFO0008A0540,
ANBKFO0010A0660
Hearing No. 130-A1-8191X
DECISION
Complainant timely initiated an appeal from the agency's final order
concerning her equal employment opportunity (EEO) 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., and
the Age Discrimination in Employment Act of 1967 (ADEA), as amended,
29 U.S.C. � 621 et seq. The appeal is accepted for the Commission's de
novo review pursuant to 29 C.F.R. � 1614.405.
The record reveals that complainant, a Logistics Management Specialist,
GS-346-12, at the agency's U.S. Army Aviation & Missile Command, Redstone
Arsenal, in Alabama, filed a formal EEO complaint on May 15, 2000
(ANBKFO0006A0380), alleging that the agency had discriminated against
her on the bases of race (White), sex (female), age (D.O.B. June 5,
1955), and reprisal for prior protected activity when:
(1) she received slanderous remarks via e-mail from both her immediate
supervisor (S1) and a coworker (CW) on March 10 and 13, 2000. S1 also
made demeaning comments at a Monday morning staff meeting in front of
her coworkers on February 2000;
her immediate supervisory rating and senior supervisory ratings on
March 24, 2000, did not correlate with her performance;
her 1999 Total Army Performance Evaluation Systems appraisal (TAPES)
was untimely and the senior rater profile comments were poorly written;
S1 only recently approved her electronic Individual Development Plan
(IDP) on May 15, 2000;
1999 TAPES with value added senior rater comments was allegedly backdated
to January 5, 2000 and provided in May 2000;
complainant was assigned a different set of duties since arriving
at AMCOM;
complainant's current job description was not valid;
management failed to communicate fair job ratings or task delegation;
complainant's supervisor's failure to perform her Easy Access ratings
was reinforced.
Complainant also filed a formal complaint on August 8, 2000
(ANBKFO0008A0540), alleging that she was discriminated on the bases of
her sex and reprisal when:
on July 13, 2000, complainant was denied two Defense Acquisition
University courses (DAU), Systems 201 and BCF 204,
Lastly, complainant filed a complaint on September 29, 2000
(ANBKFO0010A0660), alleging she was discriminated against on the basis
of reprisal when:
complainant was involuntarily reassigned to the Redstone Arsenal Project
Management Office.<1>
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.
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to affirm the agency's final order,
because the Administrative Judge's issuance of a decision without a
hearing was appropriate and a preponderance of the record evidence does
not establish that discrimination occurred.
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
June 17, 2003
__________________
Date
1 These formal complaints were consolidated by the agency and
investigated concurrently.