0120072992
09-10-2007
Abdul Rahman Ali, Complainant, v. Pete Geren, Secretary, Department of the Army, Agency.
Abdul Rahman Ali,
Complainant,
v.
Pete Geren,
Secretary,
Department of the Army,
Agency.
Appeal No. 0120072992
Agency No. ARUSAR06MAR01166
Hearing No. 410-2007-00093X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts for de novo
review complainant's appeal from the agency's July 3, 2007 final order
concerning his equal employment opportunity (EEO) complaint alleging
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.
Complainant, a former1 Educational Services Specialist, GS-1740-12,
in the Community Relations Division of the Well-Being Directorate, in
the G-1 (personnel) Section of the United States Army Reserve Command
located at Ft. McPherson, Georgia, alleged in a formal complaint
dated May 8, 2006, that the agency discriminated against him on the
bases of race (African-American), national origin (African-American),
sex (male), religion (Muslim), disability (high blood pressure), age
(D.O.B. 05/27/44), and in reprisal for prior protected EEO activity
[arising under an EEO statute that was unspecified in the record] when
he was subjected to a pattern of harassment from October 2005 to April
2, 2006. Complainant listed the following examples of harassment:
(a) in October or November 2005, his religious practice of fasting was
called into question;
(b) he was denied the opportunity to attend conferences and workshops;
c) on or about February 26, 2006, he learned that his position would
not be upgraded to a GS-13;
(d) in early January 2006, his academic qualifications were questioned;
(e) in February 2006, he was directed to obtain approval to continue
using sick leave prescribed by his physician; and
(f) on about March 15, 2006, he was recommended for, but denied, a
three-percent performance award.
After a careful review of the record, the Commission finds that the
AJ's decision without a hearing was appropriate, as no genuine issue
of material fact is in dispute.2 See Petty v. Department of Defense,
EEOC Appeal No. 01A24206 (July 11, 2003). Therefore, we AFFIRM the
agency's final order.
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:
September
10,
2007
______________________________
__________________
Carlton M. Hadden, Director
Date
Office of Federal Operations
1 The record reveals that complainant retired on April 2, 2006.
2 In this case, we find that the record was adequately developed for
the AJ to issue a decision without a hearing.
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0120072992
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036