01A33891_r
09-23-2003
Ching S. Shelton, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
Ching S. Shelton v. Department of the Air Force
01A33891
September 23, 2003
.
Ching S. Shelton,
Complainant,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Appeal No. 01A33891
Agency No. 9D1S03023
DECISION
Complainant filed a timely appeal with this Commission from the final
agency decision dated May 21, 2003, dismissing her complaint of unlawful
employment discrimination in violation of Title VII of the Civil Rights
Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
In her formal complaint, dated January 10, 2003, and in pre-complaint
documents, complainant alleged that she was subjected to discrimination
on the basis of race when her rights under the Privacy Act were
violated. Specifically, complainant claimed that an agency EEO
Specialist inadvertently sent three copies of the EEO Counselor's Report
in her previous complaint to a different complainant.
The agency dismissed the instant complaint pursuant to 29 C.F.R. �
1614.107(a)(1), for failure to state a claim. Alternatively, the agency
dismissed the complaint pursuant to 29 C.F.R. 1614.107(a)(8), for alleging
dissatisfaction with the processing of a previously filed complaint.
On appeal, complainant argues that she was subjected to a hostile work
environment. Complainant further states that the agency �deliberately�
treated her claims as separate incidents and improperly dismissed her
complaint.
The Commission notes that the Privacy Act, 5 U.S.C. 552(g)(1), provides
an exclusive statutory framework governing the disclosure of identifiable
information contained in federal systems of records and jurisdiction rests
exclusively in the United States District Courts for matters brought under
the provisions of the Privacy Act. Bucci v. Department of Education, EEOC
Request Nos. 05890289, 05890290, 05890291 (April 12, 1989). Therefore,
the agency's decision to dismiss complainant's complaint for failure
to state a claim was proper. Moreover, we find that complainant has
failed to show she was harmed by the copies at issue. Finally, a review
of the record reflects that the matters in question are insufficient to
support a claim of harassment. See Cobb v. Department of the Treasury,
EEOC Request No. 05970077 (March 13, 1997).
Accordingly, the agency's final decision dismissing complainant's
complaint is AFFIRMED.<1>
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 23, 2003
__________________
Date
1Because we are affirming the agency's dismissal of the complaint for
the reason stated herein, we will not address the agency's alternative
grounds for dismissal.