0120113675
01-12-2012
Richard D. Blackwell, Complainant, v. Gary Locke, Secretary, Department of Commerce (Bureau of the Census), Agency.
Richard D. Blackwell,
Complainant,
v.
Gary Locke,
Secretary,
Department of Commerce
(Bureau of the Census),
Agency.
Appeal No. 0120113675
Agency No. 10-63-00359D
DECISION
Complainant appeals to the Commission from the Agency’s final decision
dated July 1, 2011, finding no discrimination. For the following reasons,
we AFFIRM the Agency’s final decision.
BACKGROUND
Complainant filed his complaint dated March 25, 2010, alleging
discrimination based on race (African-American) when he was terminated on
January 15, 2010. After completion of the investigation of the complaint,
Complainant did not request a hearing. The Agency, thus, issued its final
Agency decision concluding that it asserted legitimate, nondiscriminatory
reasons for its action, which Complainant failed to rebut.
ANALYSIS AND FINDINGS
After a review of the record, we, assuming arguendo that Complainant had
established a prima facie case of discrimination, find that the Agency
has articulated legitimate, nondiscriminatory reasons for the alleged
termination. The record indicates that on January 5, 2009, Complainant
previously accepted a temporary excepted service, Schedule A appointment
as a Partnership Specialist at the Buffalo Local Census Office with a
not-to-exceed date of September 25, 2010. The Agency indicated that on
January 15, 2010, Complainant was terminated from his appointment for
unacceptable conduct for the misuse of his government issued travel charge
card. Specifically, the Agency stated that Complainant was delinquent
in his government credit card payments for a period of 61 - 90 days
with an outstanding balance of $2,070.48. The Agency also indicated
that Complainant used his travel charge card to pay for his personal
expenses related to the repair of his personal vehicle and to pay for
car rental expenses over the course of three months while his own vehicle
was being repaired which were unauthorized and in violation of policies
pertaining to the use of his travel card. Report of Investigation (ROI),
Exhibit (Ex.) 22. Complainant does not dispute the foregoing statements.
The Agency stated that on January 19, 2009, Complainant was previously
provided with training on the usage of his travel card at the time of its
issuance. ROI, Ex. 23. Complainant does not dispute this. Upon review,
Complainant failed to provide any similarly situated employees outside
of his protected classes who were treated differently or more favorably.
Based on the foregoing, we find that Complainant has failed to show that
the Agency’s action was motivated by discrimination as he alleged.
CONCLUSION
Accordingly, the Agency’s final decision finding no discrimination
is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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
77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
1/12/12
__________________
Date
2
0120113675
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120113675