01A21112
07-02-2003
Abigail V. Brown, Complainant, v. John Ashcroft, Attorney General, Department of Justice (Community Relations Service), Agency.
Abigail V. Brown v. Department of Justice
01A21112
July 2, 2003
.
Abigail V. Brown,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice
(Community Relations Service),
Agency.
Appeal No. 01A21112
Agency No. B-99-2341
Hearing No. 170-A1-8122x
DECISION
Complainant timely initiated an appeal from the agency's final order
concerning her equal employment opportunity (EEO) 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. The appeal
is accepted pursuant to 29 C.F.R. � 1614.405. For the following reasons,
the Commission affirm the agency's final order.
The record reveals that complainant, a Conciliation Specialist,
GS-301-11, with the agency's Community Relations Service (CRS), located
in Philadelphia, Pennsylvania, filed a formal EEO complaint on August 13,
1999, alleging that the agency discriminated against her on the bases
of race (African-American) and reprisal for prior EEO activity when:
(1) she was denied payment of a portion of her relocation expenses
for permanent change of station from San Francisco, California, to
Philadelphia, Pennsylvania, which occurred in the Fall of 1998;
she was denied a promotion to a higher GS grade;
she was assigned to CRS Boston Regional Office to have her performance
evaluated for the purpose of determining possible termination; and
she was subjected to a hostile work environment (i.e., remarks, looks,
etc.).
At the conclusion of the investigation, complainant received a copy of the
investigative report and requested a hearing before an EEOC Administrative
Judge (AJ). The AJ issued a decision without a hearing, finding no
discrimination. The agency's final order implemented the AJ's decision.
Complainant argued in her brief opposing the agency's request for a
decision without a hearing that there were a number of disputed facts.
However, we find that the facts in dispute were not material facts insofar
as a resolution of their dispute would not affect the outcome of the case.
After a careful review of the record, the Commission finds that AJ
appropriately issued a decision without a hearing, as no genuine dispute
of material fact exists. Further, construing the evidence to be most
favorable to complainant, we note that complainant failed to present
evidence that any of the agency's actions were motivated by discriminatory
animus toward complainant's protected classes.
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
July 2, 2003
__________________
Date