01A30441_r
08-07-2003
Denese M. Merritt, Complainant, v. Colin L. Powell, Secretary, Department of State, Agency.
Denese M. Merritt v. Department of State
01A30441
August 7, 2003
.
Denese M. Merritt,
Complainant,
v.
Colin L. Powell,
Secretary,
Department of State,
Agency.
Appeal No. 01A30441
Agency No. 02-42
DECISION
Complainant filed an appeal with this Commission from an agency decision
dated September 20, 2002, dismissing her complaint of unlawful employment
discrimination. In her complaint, complainant alleged that she was
subjected to discrimination on the bases of sex (female) and reprisal
for prior EEO activity when:
Management failed to forward complainant's application/candidacy for
employment with the Multinational Force and Observers (MFO) and she was
informed that management would not take any action in support of her
application/candidacy for employment with MFO.
The agency dismissed complainant's complaint pursuant to the regulation
set forth at 29 C.F.R. � 1614.107(a)(1), for failure to state a claim.
The agency explained that complainant made a general inquiry to the
Near Eastern Management (NEA) in November 2001, about the application
process for positions in MFO. The agency stated that complainant was
informed on January 18, 2002, that the Director General was aware of her
interest in employment with MFO. The agency claimed that complainant
was told that her application had been received and would be compared
with other applicants. The agency claimed that NEA management informed
complainant that her e-mail regarding employment in MFO was sufficient
to be considered for employment. The agency noted that in June 2002,
complainant was informed that management in the Bureau of International
Organization Affairs had forwarded her application for employment in
MFO earlier in the year.
Complainant states in her complaint that her problem with Persons A
and B �is not that I was not hired by MFO earlier this year . . .�
The Commission finds that there is no remedy that can be provided to
complainant. Complainant does not claim that she wishes to now to be
considered for the position in question or that she now wishes that her
application to be forwarded. In fact, complainant often asserts only that
the agency would not confirm that her application had been forwarded.
Therefore, we find that the instant complaint is properly dismissed for
failure to state a claim pursuant to 29 C.F.R. � 1614.107(a)(1).
The agency's decision dismissing the 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
August 7, 2003
__________________
Date