01a23200_r
08-28-2002
Charles E. Dent, Complainant, v. Gale A. Norton, Secretary, Department of the Interior, Agency.
Charles E. Dent v. Department of the Interior
01A23200
August 28, 2002
.
Charles E. Dent,
Complainant,
v.
Gale A. Norton,
Secretary,
Department of the Interior,
Agency.
Appeal No. 01A23200
Agency No. FWS-01-024R2
DECISION
Complainant filed an appeal to this Commission from an agency's decision
dated April 30, 2002, finding that the agency did not discriminate against
complainant on the bases of race (Black), age (57), and in reprisal for
prior EEO activity. In his complaint, complainant alleged that he was
subjected to a hostile work environment when:
On May 1, 2001, his supervisor became hostile and very confrontational
with him during a telephone conversation regarding his reason for not
attending an executive meeting.
On May 1, 2001, the supervisor questioned him about attending the
Solicitor's Second Annual Personnel Law Symposium.
On May 1, 2001, the supervisor asked if he was conscious of the DCR
budget.
On May 7, 2001, the supervisor asked him where did the impression come
from that he did not like his job.
On May 8, 2001, he was questioned by the supervisor regarding his parking
space and the Department's Transportation Subsidy Program.
The record indicates that at the conclusion of the investigation,
complainant requested a final agency decision without a hearing. In its
decision, the agency determined that complainant failed to show that
he was subjected to a hostile work environment based on his race, age,
and in reprisal. Specifically, the agency found complainant failed
to provide any evidence or convincing argument that an atmosphere of
harassment existed in the work place which was pervasive or severe
enough to alter the terms, conditions, or privileges of employment of
a reasonable employee and that the alleged harassment was racially or
age based or stemmed from a discriminatory animus. The agency also
determined that complainant failed to show that he was subjected to a
hostile work environment based on reprisal. The agency concluded that
the alleged claims, taken together, could not constitute discriminatory
harassment since there was no proof that the actions were motivated by
complainant's race, age, or prior EEO activity.
After a careful review of the record in its entirety, including the
well documented investigative reports, the agency's decision is hereby
AFFIRMED 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
August 28, 2002
__________________
Date