EEOC Appeal No. 0120121927
08-28-2015
Complainant v. Dep't of Health & Human Serv.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Complainant,
v.
Sylvia Mathews Burwell,
Secretary,
Department of Health and Human Services
(Centers for Disease Control and Prevention),
Agency.
Appeal No. 0120121927
Agency No. HHS-CDC-0415-2011
DECISION
Complainant filed a timely appeal with this Commission from the Agency's decision dated March 1, 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., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq., and the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a Supply Technician at the Agency's facility in Atlanta, Georgia.
On September 20, 2011, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the bases of race (African-American), sex (female), color (Black), disability, age (64), and reprisal for prior protected EEO activity when Agency EEO officials allegedly discriminated against her for this complaint and her prior EEO complaint raised under Agency No. HHS-CDC-0338-2011.
The Agency dismissed the complaint, pursuant to 29 C.F.R.� 1614. 107(a)(8), on the grounds that its sole claim concerned Complainant's dissatisfaction with the processing of a previously filed complaint.
Complainant appealed. On appeal, Complainant provided several documents regarding her employment history and her ongoing claims of discrimination dating back to 2007. She also included a copy of a final decision for Agency No. HHS-CDC-0366-2009. Complainant has not directly addressed the Agency's final decision in Agency No. HHS-CDC-0415-2011.
ANALYSIS AND FINDINGS
We also note that Complainant has listed a number of other EEO complaints on appeal. Specifically, Complainant named Agency Nos. HHS-CDC-0366-2009 and HHS-CDC-0338-2011. These EEO complaints have been appealed to the Commission and addressed in EEOC Appeal Nos. 0120111770 (February 20, 2014) and 0120122348 (April 4, 2014). As such, we shall only address the Agency's dismissal of Agency No. HHS-CDC-0415-2011.
EEOC Regulation 29 C.F.R. � 1614 107(a)(8) provides that an agency shall dismiss claims alleging dissatisfaction with the processing of a prior complaint. Dissatisfaction with the EEO process must be raised within the underlying complaint, not a new complaint. See EEOC - Management Directive 110 (as revised Aug. 5, 2015) Chap. 5 Section IV. D. Upon review, we find that the Agency's dismissal was appropriate.
CONCLUSION
Based on a thorough review of the record and the contentions on appeal, including those not specifically addressed herein, we AFFIRM the Agency's final decision.
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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainants Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
August 28, 2015
__________________
Date
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0120121927
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0120121927