01a53084
07-12-2005
Bonnie Spiegel, Complainant, v. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.
Bonnie Spiegel v. Social Security Administration
01A53084
July 12, 2005
.
Bonnie Spiegel,
Complainant,
v.
Jo Anne B. Barnhart,
Commissioner,
Social Security Administration,
Agency.
Appeal No. 01A53084
Agency No. 03-0294-SSA
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's March 14, 2005 final decision in the
above-entitled matter. Complainant claimed that the agency discriminated
against her on the bases of race (not specified) and disability (paranoid
schizophrenia) when management denied her request for a reasonable
accommodation (leave of absence), which resulted in her termination
from her excepted service appointment effective February 11, 2003.<1>
Additionally, complainant claimed that she was subjected to harassment
when a named management official was abusive, mean, angry and impatient
with her, and refused to help her, which is the reason she missed so
much work.
According to the record, complainant began to experience increased
psychiatric problems in the fall of 2002, to include non-compliance with
her medication regime. Complainant stated that she submitted a request
for a leave of absence to bring her condition under control, and that
management denied the request; however, the record does not support this
contention. Instead, the record reflects that complainant's requests
for leave did not reflect that they were related to her disability, and
management issued several memoranda to complainant as to performance,
attendance, and conduct problems. The record additionally reflects that
complainant was counseled about these problems, and that management
specifically inquired if she required a reasonable accommodation,
but that complainant did not identify any workplace modifications,
to include a leave of absence. Additionally, the record reflects that
in January 2003, complainant simply left the facility, and thereafter
failed to respond to management's notice directing her to return to duty,
which resulted in her termination.
Notwithstanding complainant's contentions to the contrary, record evidence
reflects that management made every effort to provide complainant with job
duties commensurate with her abilities, and gave her additional training
and a mentor, to help her better perform her duties. Complainant provides
no evidence to support her contentions that a certain named supervisor
was constantly mean to her, and affidavit statements of record also fail
to verify this contention. Similarly, there is no evidence of record
to support complainant's appeal statements describing attempts to murder
her by various management officials and certain other personnel.
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to AFFIRM the agency's final decision
because the preponderance of the evidence of record does not establish
that discrimination occurred.
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 12, 2005
__________________
Date
1The Commission presumes, for purposes of analysis only, and without so
finding, that complainant is an individual with a disability.