Virginia E. Endicott, Complainant,v.Henry M. Paulson, Jr., Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity CommissionAug 10, 2007
0520070524 (E.E.O.C. Aug. 10, 2007)

0520070524

08-10-2007

Virginia E. Endicott, Complainant, v. Henry M. Paulson, Jr., Secretary, Department of the Treasury, Agency.


Virginia E. Endicott,

Complainant,

v.

Henry M. Paulson, Jr.,

Secretary,

Department of the Treasury,

Agency.

Request No. 0520070524

Appeal No. 0120071331

Agency No. IRS-05-0277-F

DECISION

On March 29, 2007, the Equal Employment Opportunity Commission issued

its decision in Virginia E. Endicott v. Department of the Treasury,

EEOC Appeal No. 0120071331. In that decision, the Commission reversed

the agency's December 12, 2006 dismissal of a portion of complainant's

complaint of discrimination pursuant to 29 C.F.R. � 1614.107(a)(1).

For the reasons stated below, the Commission reconsiders its decision

in EEOC Appeal No. 0120071331. See 29 C.F.R. � 1614.405(b).

Due to an inadvertent administrative error when adjudicating EEOC Appeal

No. 0120071331, the decision was issued prior to receipt of the agency's

brief in support of its dismissal decision. After consideration

of the brief, which has now been submitted by the agency with its

request for reconsideration, it appears that the previous appellate

decision erroneously interpreted some of the facts in this matter.

Upon reconsideration, we now find that the record supports the agency's

dismissal of claims (3) and (4). The record, as clarified by the agency's

brief, establishes that complainant resigned from the agency prior to the

effective date of the suspension in claim (4), and the proposed suspension

was cancelled. Likewise, the memorandum in claim (3) warning complainant

of potential future discipline has been rendered moot by her resignation.

We note that complainant has not raised a claim of constructive discharge,

and has not alleged any other harm occurred to her as a result of these

actions. Therefore, under the facts of this case, complainant has not

stated a claim of harm or loss that can be remedied under Title VII.

Accordingly, the Commission's decision in EEOC Appeal No. 0120071331,

including its Order remanding claims (3) and (4) of the complaint for

further processing, is VACATED, and the agency's final decision dismissing

the complaint in its entirety is AFFIRMED.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)

This decision of the Commission is final, and there is no further right

of administrative appeal from the Commission's decision. 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.

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

August 10, 2007

__________________

Date

2

0520070524

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

2

0520070524