01A20051_r
02-10-2003
Brenda J. Pruitt, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Brenda J. Pruitt v. Department of Veterans Affairs
01A20051
February 10, 2003
.
Brenda J. Pruitt,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A20051
Agency No. 200N-584
DECISION
Upon review, the Commission finds that the agency properly dismissed
complainant's employment discrimination complaint pursuant to 29
C.F.R. � 1614.107(a)(1) for failure to state a claim. Complainant
alleged discrimination on the bases of race (African-American) and color
(black) when:
During the first week of November 2000, the Nurse Manager pointed her
finger at complainant during a staff meeting and remarked that she was
going to utilize a �shotgun� effect management style.
On December 8, 2000, the Nurse Manager verbally counseled complainant
regarding her body language and about being �snippy.�
On March 9, 2001, the Chief of Primary Care praised the Nurse Manager's
performance.
On March 12, 2001, the Chief of Primary Care delegated assignments to
the Nurse Manager.
On March 30, 2001, during a team building session, the Chief of Primary
Care indicated that changes made in the clinic were due to the Gold Team
(of which complainant is a member).
The Nurse Manager stated that the Gold Team �sucks.�
On March 30, 2001, during a team building session, the Nurse Manager
stated that Primary Care issues should remain in primary care, and not
by pursued with the Chief of Staff, EEO, or the union.
The Commission finds that the complaint fails to state a claim under
the EEOC regulations. Complainant failed to show that she suffered harm
or loss with respect to a term, condition, or privilege of employment
for which there is a remedy. See Diaz v. Department of the Air Force,
EEOC Request No. 05931049 (April 21, 1994). Further, her claims are not
severe or pervasive enough to state a claim of harassment. See Harris
v. Forklift Systems, Inc., 510 U.S. 17, 21 (1993). Accordingly, the
agency's final decision is AFFIRMED.
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
February 10, 2003
__________________
Date