0120072984
08-30-2007
Arthur L. Brown, Complainant, v. Lurita Alexis Doan, Administrator, General Services Administration, Agency.
Arthur L. Brown,
Complainant,
v.
Lurita Alexis Doan,
Administrator,
General Services Administration,
Agency.
Appeal No. 0120072984
Agency No. 07R9PBSSF0010
DECISION
On June 18, 2007, complainant filed an appeal from the agency's May
22, 2007, final 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. The appeal is deemed timely and is accepted pursuant to 29
C.F.R. � 1614.405(a). For the following reasons, the Commission AFFIRMS
the agency's final order. On April 4, 2007, complainant filed an EEO
complaint alleging that he was discriminated against on the bases of race
(African-American), color (Black), and reprisal for prior protected EEO
activity under an EEO statute that was unspecified in the record when:
1. on January 11 and 12, 2007, complainant was granted no more than
two hours of official time to complete a questionnaire regarding another
EEO complaint, and his requests for additional time were denied.
The agency dismissed the complaint for failure to state a claim, but
nevertheless proceeded to address the claim on the merits, finding that
the two hours complainant was granted was a reasonable amount of time
and that complainant had not presented any reason to justify granting
additional time. On appeal, complainant disagrees with certain aspects
of the FAD but presents no new arguments.
ANALYSIS AND FINDINGS
We note initially that the Commission has stated that an allegation
pertaining to the denial of official time states a separately-processable
claim alleging a violation of the Commission's regulations, without
requiring a determination of whether the action was motivated by
discrimination. See Edwards v. U.S. Postal Service, EEOC Request
No. 05960179 (December 23, 1996). Thus, contrary to the FAD, we find
that complainant does state a claim. We further find, however, that
there is sufficient information in the record to reach a decision on
the merits of the complaint. A review of the record shows that the EEO
counselor asked complainant to answer eight questions on a two-page form.
Complainant asked for eight hours of official time to complete the form
and subsequently asked for an additional four hours. His supervisor
(RMO: race, color, unknown) granted him a total of two hours and
denied his requests for more time. Complainant has not met his burden
of establishing that the grant of no more than two hours of official
time to complete an eight-question questionnaire was unreasonable.
We therefore AFFIRM the FAD.
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 30, 2007
__________________
Date
2
0120072984
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
0120072984