01A15255
10-22-2002
Sandra P. Taylor, Complainant, v. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.
Sandra P. Taylor v. Social Security Administration
01A15255
October 22, 2002
.
Sandra P. Taylor,
Complainant,
v.
Jo Anne B. Barnhart,
Commissioner,
Social Security Administration,
Agency.
Appeal No. 01A15255
Agency Nos. 00-0420-SSA and 00-0421-SSA
DISMISSAL OF APPEAL
Complainant filed an appeal with this Commission from the August 11,
2001 final agency decisions finding no discrimination with regard to
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., Section 501 of the Rehabilitation Act of 1973
(Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq., and the Age
Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. �
621 et seq. In complaint number 00-0420-SSA complainant alleged that
she was subjected to discrimination on the bases of race (Caucasian),
disability (asthma), and age (53 at the relevant time) when she was
subjected to harassment (non-sexual) as follows:
The Area Director issued complainant a memorandum, dated February 7,
2000, entitled Results of Review of Colorado Springs District Office,
regarding employee complaints about the manner in which the office
was being managed. On December 22, 1999, and January 13, 2000, Area
Director investigated complainant and her management team, which resulted
in the memorandum dated February 7, 2000. The memorandum also stated
that complainant would need to discard her �old management style.�
Management has allowed the union to harass complainant, i.e., by
filing frivolous Unfair Labor Practice charges; and the local union
representative has been allowed to speak to complainant in a demeaning
manner.
Senior management has not provided the necessary resources to implement
the management changes they have mandated in the February 7 memorandum.
Complainant was not offered the same career counseling from senior
management as her Hispanic peers.
In complaint number 00-0421-SSA complainant alleged that she was
subjected to discrimination on the bases of race, disability, age,
and reprisal for prior EEO activity when:
Complainant did not receive a performance award for fiscal year 1999; and
Complainant was treated disparately when she received a written rather
than verbal progress interview on April 28, 2000.
On July 1, 2002, complainant filed a civil action (identified as
Civil Action No. 02-1255) in the United States District Court for the
District of Colorado. The record further discloses that the claims
raised therein are the same as those raised in the instant complaint.
The regulation found at 29 C.F.R. � 1614.409 provides that the filing
of a civil action "shall terminate Commission processing of the appeal."
Commission regulations mandate dismissal of the EEO complaint under these
circumstances so as to prevent a complainant from simultaneously pursuing
both administrative and judicial remedies on the same matters, wasting
resources, and creating the potential for inconsistent or conflicting
decisions, and in order to grant due deference to the authority of
the federal district court. See Stromgren v. Department of Veterans
Affairs, EEOC Request No. 05891079 (May 7, 1990); Sandy v. Department of
Justice, EEOC Appeal No. 01893513 (October 19, 1989); Kotwitz v. United
States Postal Service, EEOC Request No. 05880114 (October 25, 1988).
Accordingly, complainant's appeal is hereby dismissed. See 29 C.F.R. �
1614.409.
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
October 22, 2002
__________________
Date