01A21984_r
06-19-2002
Carla J. Palma, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Carla J. Palma v. Department of Veterans Affairs
01A21984
June 19, 2002
.
Carla J. Palma,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A21984
Agency No. 2001�0573-2001300298
DECISION
The Commission finds that complainant's complaint was properly dismissed
pursuant to 29 C.F.R. � 1614.107(a)(1) for failure to state a claim.
In a complaint dated October 10, 2001, complainant alleged that she
was subjected to discrimination on the basis of reprisal for prior
whistle-blowing activity when:
Complainant received a proposed reprimand on October 11, 2000, and an
actual reprimand on November 22, 200[0];
Complainant's grievance procedure was delayed three times until March
30, 2001;
Complainant received a later satisfactory Proficiency Report on November
22, 2000;
Complainant was not selected for the position of Staff Nurse in Primary
Care on April 11, 2001;
Complainant was detailed to a time limited position on May 23, 2001;
Complainant's safety was placed in danger on April 10, 2001 when
unauthorized information was released to a patient;
Complainant was moved to a .5 position on August 14, 2001;
Complainant received a telephonic death threat on September 10, 2001.
It is well settled that engaging in whistle-blowing is not protected EEO
activity. See Reavill v. Department of the Navy, EEOC Appeal No. 05950174
(July 19, 1996)(finding that participation in grievance process is
protected only if claims of discrimination were raised therein).
Therefore, reprisal for whistle-blowing as a basis for complainant's
complaint was properly dismissed pursuant to 29 C.F.R. �1614.107(a)(1)
for failure to state a claim.
Accordingly, we AFFIRM the agency's dismissal of complainant's complaint.
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
June 19, 2002
__________________
Date