01a50061
01-24-2005
Willie C. Minor, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Contract Management Agency), Agency.
Willie C. Minor v. Department of Defense (Defense Contract Management
Agency)
01A50061
January 24, 2005
.
Willie C. Minor,
Complainant,
v.
Donald H. Rumsfeld,
Secretary,
Department of Defense,
(Defense Contract Management Agency),
Agency.
Appeal No. 01A50061
Agency No. YS-03-0931
DECISION
Complainant appeals to the Commission from the agency's August 26, 2004
decision finding no discrimination. Complainant alleges discrimination on
the bases of race (African American), color (black), sex (male), and age
(date of birth: June 26, 1948), when complainant was denied awards on
December 11, 2002, and on July 17, 2003. The agency, in its decision,
concluded that it asserted legitimate, non-discriminatory reasons for
the employment decision, which complainant failed to rebut.
The Commission finds that the agency has articulated legitimate,
nondiscriminatory reasons for not awarding complainant the monetary
performance awards. Mr. X, the Commander of Defense Contract Management
Agency (DCMA), stated in his affidavit that complainant �did not receive
a performance award due to his dependability problem.� Specifically,
Mr. X stated that complainant �would regularly report to work late
or not at all.� Mr. X also stated that complainant has �difficulty
working with others.� Mr. X stated that he has �received several
phone calls . . . requesting that complainant be removed . . . due to
his argumentative demeanor and because he was considered difficult to
work with.� Mr. X stated that he received comments from complainant's
supervisor, Mr. Y, that complainant is �insubordinate and does not do what
he is instructed to do.� Complainant asserts, in his affidavit, that he
did not receive the award because he and Mr. Y �do not get along� and
that Mr. Y �does not interface with African Americans very well.� The
Commission finds that complainant has failed to show that the agency's
explanations for the award decisions were motivated by discrimination.
Moreover, complainant has failed to show by the preponderance of the
evidence, that he was discriminated against on the basis of race, color,
sex, or age.
The agency's decision finding no discrimination is AFFIRMED.
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
January 24, 2005
__________________
Date