01996274
02-15-2001
Qihui Huang, Complainant, v. Michael K. Powell, Chairman, Federal Communications Commission, Agency.
Qihui Huang v. Federal Communications Commission
01996274
February 15, 2001
.
Qihui Huang,
Complainant,
v.
Michael K. Powell,
Chairman,
Federal Communications Commission,
Agency.
Appeal No. 01996274
Agency No. FCC-EEO-98-7
DECISION
Complainant timely initiated an appeal from a final agency decision (FAD)
concerning her complaint of unlawful employment discrimination of in
violation of Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. � 2000e et seq. (Title VII).<1> The appeal is accepted pursuant
to 29 C.F.R. � 1614.405. Complainant alleged that she was subjected
to reprisal for filing a prior EEO complaint under Title VII when:
(1) her work responsibilities were reduced; (2) her opportunities for
promotion were diminished; and (3) she was denied official leave to attend
a Federal Asian Pacific American Council leadership training conference.
The record reveals that during the relevant time, complainant was employed
as a Computer Specialist, GS-13, at the agency's Information Technology
Center facility in Washington, D.C. Believing she was a victim of
discrimination, complainant sought EEO counseling and subsequently
filed a formal complaint on September 11, 1998. At the conclusion of
the investigation, complainant was informed of her right to request a
hearing before an EEOC Administrative Judge or alternatively, to receive
a final decision by the agency. Complainant requested that the agency
issue a final decision.
In its FAD, the agency concluded that while complainant established a
prima facie case of reprisal,
she failed to establish that the reasons articulated by various management
officials for the actions in question were a pretext for reprisal.
Neither complainant nor the agency make any new contentions on appeal.
Applying the standards set forth in McDonnell Douglas Corp. v. Green, 411
U.S. 792 (1973); and Hochstadt v. Worcester Foundation for Experimental
Biology, Inc., 425 F. Supp. 318, 324 (D. Mass.), aff'd, 545 F.2d
222 (1st Cir. 1976) (applying McDonnell Douglas to reprisal cases),
the Commission agrees with the agency that complainant established a
prima facie case of reprisal inasmuch as the relevant agency officials
were aware of her prior EEO complaint filed in May 1997. However, the
Commission further finds that complainant failed to present evidence that
more likely than not, the agency's articulated reasons for its actions
were a pretext for reprisal. In reaching this conclusion, we note that
certain duties were removed from complainant's responsibility because
it had been determined that these duties required a full-time person,
that complainant had received the opportunity to perform on significant
projects, and that while complainant's first level supervisor recommended
that she be granted official leave to attend the conference, official
leave was denied based on complainant's technical position.
Therefore, after a careful review of the record, including arguments and
evidence not specifically addressed in this decision, we AFFIRM the FAD.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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 15, 2001
__________________
Date
1 On November 9, 1999, revised regulations
governing the EEOC's federal sector complaint process went into effect.
These regulations apply to all federal sector EEO complaints pending at
any stage in the administrative process. Consequently, the Commission
will apply the revised regulations found at 29 C.F.R. Part 1614 in
deciding the present appeal. The regulations, as amended, may also be
found at the Commission's website at www.eeoc.gov.