01984200
06-23-1999
Brenda E. Shawe, Appellant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Brenda E. Shawe v. Department of the Army
01984200
June 23, 1999
Brenda E. Shawe, )
Appellant, )
)
v. ) Appeal No. 01984200
) Agency No. BEFLFO9703H0110
Louis Caldera, )
Secretary, )
Department of the Army, )
Agency. )
)
DECISION
In her complaint, appellant alleged that she was subjected to
discrimination in reprisal for prior EEO activity when:
she did not make the selection list for a Contract Specialist position;
she was treated abusively and on June 27, 1996, her supervisor screamed
at her and grabbed her chair with appellant in it and pushed it around
and into the desk and file cabinet;
she was denied vacation time;
she was not afforded the opportunity to perform or learn like lower
graded colleagues;
on September 30, 1996, she was harassed when work that was previously
taken from her was given back to her, which resulted in co-workers being
led to believe that appellant was at fault when they had to remain at
work until 2 am;
no one offered solutions regarding her work situation during a November
1996 mediation session;
after disagreeing with her on something, the Chief of Contracting stated
that she needed to get rid of three 1100 series employees;
she was denied a request to work compensatory time during the evenings
instead of weekends;
she received a less-than-exceeds performance rating, she did not receive
a copy of it, and she did not get a response to a note that she wrote
regarding the appraisal; and
she did not receive an award for her work on the credit card program.
Upon review, we find that allegation 1 of appellant's complaint was
properly dismissed pursuant to 29 C.F.R. �1614.107(b), on the grounds
that appellant failed to file her formal complaint in a timely manner.
Appellant received a notice of right to file a discrimination complaint on
May 23, 1997. Appellant did not file her formal EEO complaint until June
25, 1997, after the expiration of the 15-day filing period. Allegations
3-10 of appellant's complaint were properly dismissed pursuant to 29
C.F.R. �1614.107(b), on the grounds that appellant failed to raise the
issues with an EEO Counselor and they were not like or related to matters
that were brought to the attention of an EEO Counselor. We further find
that allegation 2 of appellant's complaint was properly dismissed pursuant
to 29 C.F.R. �1614.107(a), on the grounds that the allegation set forth
the same claim that is pending before or has been decided by the agency
or the Commission. Accordingly, the final agency decision dismissing
appellant's complaint on the aforementioned grounds is hereby AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
June 23, 1999
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations