Willie C. Minor, Complainant,v.Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Contract Management Agency), Agency.

Equal Employment Opportunity CommissionJan 24, 2005
01a50061 (E.E.O.C. Jan. 24, 2005)

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