0120123271
02-27-2015
Complainant, v. Anthony Foxx, Secretary, Department of Transportation (Federal Aviation Administration), Agency.
Complainant,
v.
Anthony Foxx,
Secretary,
Department of Transportation
(Federal Aviation Administration),
Agency.
Appeal No. 0120123271
Agency No. 201224542FAA01
DECISION
Complainant filed a timely appeal with this Commission from the Agency's decision (Dismissal) dated June 21, 2012, 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.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a Management/Program Analyst at the Agency's Aircraft Certification facility in Westbury, New York. On June 13, 2012, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the basis of reprisal for prior protected EEO activity under an EEO statute that was unspecified in the record when:
1. In Apri1 2012, upon initiating an informal EEO complaint against a manager, Complainant's EEO Counselor attempted to coerce and/or interfere with the processing of Complainant's EEO complaint when he referenced, made statements, and posed questions relating, to Complainant's prior EEO complaints.
The Agency dismissed the claim on the grounds that it was a spin-off complaint.
ANALYSIS AND FINDINGS
Under 29 C.F.R. � 1614.107(a)(8), an agency is to dismiss a complaint that "alleges dissatisfaction with the processing of a previously filed complaint." Such complaints are referred to by the Commission as "spin-off" complaints. See EEOC Management Directive 110, Chapter 5, � III (F) (Nov. 9, 1999). Spin-off complaints are to be handled by the agency official responsible for complaint processing, and/or processed as part of the previously existing complaint. See id.; see also Fields v. Dep't of Health and Human Services, EEOC Appeal No. 05910159 (February 11, 1991). The record shows that the Agency did refer Complainant's complaints about the EEO Counselor to the Agency official responsible for complaint processing. A letter in the file, dated August 15, 2012, states that:
After receipt of your email which raised concerns, the FAA EEO Counselor Program Manager assigned another EEO Counselor, . . . to your complaint the same day your email was received. On April 23, 2012, you contacted the [Agency] Office of Civil Rights expressing concerns that [the previous EEO Counselor and the new EEO Counselor] may have discussed your current and past EEO complaints. On April 23, 2012, the [Agency] then re-assigned your complaint to . . . [a third] EEO Counselor with the [Agency] based on your request and expressed concerns to the [Agency] Civil Rights Office. Additionally, [the Agency] Civil Rights Director met with your former EEO Counselor, . . . on at least two occasions in the month of April 2012. During these meetings, [the Agency] contends that each of your raised concerns were addressed and discussed. The [Agency] recognized that there had been a breakdown in communication in the processing of your complaint. Subsequently, [your former EEO Counselor] was reminded of customer service expectations by the [Agency] Civil Rights Director. [Your former EEO Counselor] also attended Advanced EEO Counselor Refresher Training in June 2012.
We sincerely apologize and regret the incidents you experienced in the processing of your complaint. We appreciate you bringing this matter to our attention and trust that we have addressed your concerns.
We find that the Agency correctly dismissed the complaint pursuant to 29 C.F.R. � 1614.107(a)(8). We therefore need not address the Agency's argument on appeal that Complainant's appeal is untimely.
CONCLUSION
The Dismissal is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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 77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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 27, 2015
__________________
Date
2
0120123271
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120123271