01A25025
10-20-2003
Edward L. Majors, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Edward L. Majors v. Department of Transportation
01A25025
October 20, 2003
.
Edward L. Majors,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Appeal No. 01A25025
Agency No. 3013039
DECISION
Complainant timely initiated an appeal from a final agency decision
(FAD) concerning his 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. and the Age Discrimination in
Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
The appeal is accepted pursuant to 29 C.F.R. � 1614.405. For the
following reasons, the Commission AFFIRMS the agency's final decision.
The record reveals that during the relevant time, complainant was employed
as a Air Traffic Control Specialist at the agency's Atlanta Air Traffic
Control Tower (ATCT) facility. Complainant sought EEO counseling and
subsequently filed a formal complaint on March 22, 2001, alleging that
he was discriminated against on the bases of age (D.O.B. 8/17/52))
and reprisal for prior EEO activity when the agency subjected him to
a hostile environment and caused his training to be terminated without
just cause and contrary to the agency's Training Orders.<1>
At the conclusion of the investigation, complainant was informed of
his right to request a hearing before an EEOC Administrative Judge or
alternatively, to receive a final decision by the agency. Complainant
requested that the agency issue a final decision.
In its FAD, the agency concluded that complainant failed to show that
the agency's reasons for terminating his training were a pretext for
unlawful discrimination or reprisal.
On appeal, complainant contends that the agency's decision is an error
and that the entire training was conducted in bad faith with no intention
of ever certifying him for work as an Air Traffic Control Specialist
in Atlanta. The agency requests that we affirm its FAD.
The Commission finds that complainant properly established a prima facie
case of age discrimination and reprisal. In other words, the complainant
met the initial hurdle, but we also find that complainant failed to
present evidence sufficient to show that the agency's articulated reasons
for its actions were a pretext for discrimination and reprisal. In
reaching this conclusion, we note that under the terms of the settlement
agreement, the complainant was to be given the opportunity to train.
The complainant acknowledged that he had made numerous mistakes, had not
adapted well during the training and did not do well in terms of speed and
efficiency. The record shows that the position was a very demanding one
and that the complainant did not meet Performance Expectation Number 3.
Therefore, after a careful review of the record, including complainant's
contentions on appeal, the agency's response, and arguments and evidence
not specifically addressed in this decision, we affirm the FAD.
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
October 20, 2003
__________________
Date
1 The complainant alleged that the agency breached a settlement agreement
and sought to have the underlying claim reinstated. The EEOC determined
that the breach allegations presented new allegations; and those
allegations are the subject of this appeal.