01A22998_r
08-20-2002
Abdul H. Qazi, Complainant, v. Elaine Chao, Secretary, Department of Labor, Agency.
Abdul H. Qazi v. Department of Labor
01A22998
August 20, 2002
.
Abdul H. Qazi,
Complainant,
v.
Elaine Chao,
Secretary,
Department of Labor,
Agency.
Appeal No. 01A22998
Agency Nos. 00-05-137, 00-05-138
DECISION
Complainant initiated an appeal from the agency's April 10, 2002
decision concerning his 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. and the Age Discrimination in
Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
Complainant filed two complaints on August 24, 2000, which were
consolidated for investigation. In those complaints, complainant
alleges that he was discriminated against on the bases of national
origin, religion, age, and sex, when he was not selected for: (1) the
Area Director position in Lansing, Michigan under Vacancy Announcement
Number Ch-00-072-OSHA (Agency No. 00-05-017); and (2) the Area Director
position for the Chicago North Area Office under Vacancy Announcement
Number CH-00-005-OSHA (Agency No. 00-05-138). The agency issued one
decision on both complaints on April 10, 2002, which concluded that
complainant had not been discriminated against. The agency, in its
decision, found that it produced a legitimate, nondiscriminatory reasons
for the selection decision, which complainant failed to adequately rebut.
Regarding the non-selection for the position in Lansing, Michigan, the
agency found that the selectee was selected because of her experience in
the �coordination and evaluation of the Susan Harwood Training Grants,�
her experience with the �Regional Program Manager for the State Plan
grants, and her experience serving on the Regional Audit Team for
which she had been a team leader for many of the audits.� Complainant
argues that �these experiences involve paper shuffling and have almost no
relevance in running an office effectively.� We find that complainant has
failed to show that the agency's legitimate, nondiscriminatory reason is
a pretext for discrimination on the bases of national origin, religion,
age or sex.
Regarding the non-selection for the position in the North Chicago Area,
the agency found that the selectee was selected because she was �able to
motivate [the] office into a more cohesive and productive team oriented
posture by virtue of her demonstrated ability in having managed and
coached her team to make them an example of a well functioning and
productive team.� Complainant argues that the selectee's team had less
significant cases than other teams, and that �[w]hat was different was
the functioning of the Strategic Team which [he] managed and not her
team.� We find that complainant has failed to show that the agency's
legitimate, nondiscriminatory reason is a pretext for discrimination on
the bases of national origin, religion, age or sex.
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
August 20, 2002
__________________
Date