0120071734
11-28-2007
Edrick Cowan, Complainant, v. Henry M. Paulson, Jr., Secretary, Department of the Treasury, Agency.
Edrick Cowan,
Complainant,
v.
Henry M. Paulson, Jr.,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 0120071734
Agency No. EEODFS060048F
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's January 22, 2007, final agency decision (FAD)
concerning his equal employment opportunity (EEO) complaint alleging
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.
Complainant alleged that the agency subjected him to a hostile work
environment and discriminated against him on the bases of sex (male) and
reprisal for prior protected EEO activity under Title VII of the Civil
Rights Act of 1964 when on August 18, 2005, his temporary promotion was
abruptly terminated.
Complainant a Management and Program Analyst, GS-12, received a temporary
promotion not to exceed one year to the position of Department Manager,
IR-00, effective June 12, 2005. On August 18, 2005, the Operations
Manager (supervisor) sent complainant a one paragraph memorandum ending
his temporary assignment and returning him to his former position because
he had not met her expectations. Complainant maintained that this action
was taken because of his sex and because of retaliation for prior EEO
participation. He indicated that the Operations Manager was known to have
a problem working with men and she had been unduly influenced by another
Operations Manager whom he filed a complaint against in the past.
Following an investigation, a FAD was issued, finding no discrimination.
The FAD found that complainant failed to show that he was subjected to
a hostile work environment because the incident claimed was a single
personnel action and because the evidence did not show that it was
linked to his sex or previous EEO activity. The FAD also found that
complainant failed to establish a prima facie case of reprisal or
sex discrimination because he failed to show that others not in his
protected groups were treated more favorable. Notwithstanding, the FAD
found that even if complainant had established a prima facie case of
discrimination, the agency had articulated legitimate nondiscriminatory
reasons for its actions, namely that complainant's temporary promotion
was terminated because of his performance and attitude. Specifically,
complainant's supervisor maintained, via a memo, that complainant had
missed a deposit cycle, she had eroding confidence in his credibility,
there were communication problems, there were cash conversion problems.
She also indicated that complainant failed to meet critical time frames,
lacked a sense of urgency and objectivity.
On appeal, complainant maintains that he has strong work ethics and
principles. Complainant contends that the evidence shows that his
replacement, a woman, also missed a deposit but she was not removed.
Unlike complainant, she received a performance award and was nominated for
"Manager of the Year." Complainant submitted information demonstrating
that he had received Outstanding evaluations and was committed to doing a
quality job. Complainant contends that his supervisor's views about his
work performance are unsupported by the record. He maintained that because
the program was new, problems in the process should have been anticipated.
He contends that the actions taken against him were based on his sex.
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to affirm the final agency decision. We
find that complainant established a prima facie case of sex discrimination
because he showed that his female replacement also missed a deposit
cycle but was not removed from her temporary position. Nevertheless,
we find that the agency articulated legitimate nondiscriminatory reasons
for its actions, namely, that performance as well as attitude was the
reason that his temporary promotion ended. In fact, the record reveals
that the deposit cycle was not the only reason that was cited for ending
complainant's temporary position. The record shows that complainant and
the supervisor had several altercations while he was in the position and
generally viewed the job differently. Additionally, we do not find that
complainant was subjected to a hostile work environment because the record
shows that the supervisor was hostile and belittling to almost everyone
including women.1 Finally, we do not find that complainant demonstrated
that the agency's articulated reasons were pretext for discrimination.
Accordingly, the FAD 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
_11/28/07_________________
Date
1 Complainant contends that he is currently being subjected to
the supervisor's abuse. If complainant believes that he is being
discriminated against, our regulations require that he contact an EEO
counselor regarding his concerns.
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0120071734
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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