01A30457_r
09-15-2003
Cathleen C. Parker, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Security Service), Agency.
Cathleen C. Parker v. Department of Defense (Defense Security Service)
01A30457
September 15, 2003
.
Cathleen C. Parker,
Complainant,
v.
Donald H. Rumsfeld,
Secretary,
Department of Defense,
(Defense Security Service),
Agency.
Appeal No. 01A30457
Agency No. DSS-02-020-CE-M
DECISION
Complainant appeals to the Commission from the agency's September 5,
2002 decision dismissing her complaint. According to the decision,
complainant alleges discrimination on the bases of sex and reprisal when:
Complainant was subjected to ongoing harassment when:
A standard Form-50 (SF-50), effective April 30, 2002, completed in
conjunction with an EEO settlement agreement, indicated by numerical
code that she resigned in lieu of being terminated.
The DSS Freedom of Information Act (FOIA) Office, in June and July 2002,
denied her FOIA requests and told her to seek the information at the
Human Resources Servicing Center (HRSC).
The Office of General Counsel has not been cooperative, has not dealt
fairly with her nor provided timely responses for information and there
has been a breach of terms and conditions of the Settlement Agreement
which in itself is inaccurate regarding dates and time of events.
The agency did not provide requested retirement counseling and did not
provide an accurate �read out� of retirement benefits in a timely manner.
Complainant was treated less favorably than males within the DSS Central
Region, who had problems yet were given special treatment by the agency,
specifically when they were moved and jobs were created for them.<1>
Complainant was subjected to ongoing harassment by the EEO Office because
there has been a lack of action and a denial of legal rights.
The agency dismissed claim 1 pursuant to 29 C.F.R. � 1614.107(a)(8),
for alleging dissatisfaction with the processing of a previously filed
complaint, and pursuant to 29 C.F.R. � 1614.107(a)(1), for failure to
state a claim. The agency dismissed claim 2 pursuant to 29 C.F.R. �
1614.107(a)(1) for stating the same claim that is pending before, or that
has been decided by, the agency or Commission. The agency dismissed clam
3 pursuant to 29 C.F.R. � 1614.107(a)(8) for alleging dissatisfaction
with the processing of a previously filed complaint. The agency also
dismissed the entire complaint pursuant to 29 C.F.R. � 1614.107(a)(9)
for misuse of the EEO process.
All claims in complainant's instant complaint are intertwined with
the claims in complainant's complaint identified as DSS-00-013-MW-M.
The previous complaint was appealed to the Commission from the
agency's dismissal resulting in the Commission remanding the matter
back to the agency on November 8, 2000. Subsequent to the remand, the
parties, on November 27, 2001, resolved four different complaints in a
settlement agreement, which included the withdrawal of DSS-00-013-MW-M.
Complainant filed a breach of settlement agreement claim, which was
ultimately appealed to the Commission. The Commission, on August 22,
2003, issued a decision finding the settlement agreement invalid and
remanding the matter to the agency. Parker v. Department of Defense,
EEOC Appeal No. 01A24592 (Aug. 22, 2003). In that decision, the Commission
ordered the agency to reinstate the settled complaint and reinstate
complainant to her former position. Id.
The Commission finds that claim 1 was properly dismissed pursuant to
29 C.F.R. � 1614.107(a)(8). To the extent that some portion of claim 1
alleges a breach of the settlement agreement, we find that such a claim
has been decided in EEOC Appeal No. 01A24592 and is therefore properly
dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for stating the same
claim that has been decided by the Commission. Regarding claim 2,
we find that this claim was part of the claim that was reinstated for
processing in our August 22, 2003 decision. Complainant has failed to
show how claim 2 is somehow a new claim. Therefore, we find that claim 2
is properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for stating
the same claim that is pending before the agency. The Commission finds
that claim 3 is properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(8).
Because of our disposition, we do not address any alternative grounds
for dismissal.
The agency's decision dismissing complainant's complaint 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
September 15, 2003
__________________
Date
1This claim also includes the basis of age
discrimination.