Euleta M. Zollinger, Complainant,v.Mike Johanns, Secretary, Department of Agriculture, Agency.

Equal Employment Opportunity CommissionFeb 23, 2007
0120061536 (E.E.O.C. Feb. 23, 2007)

0120061536

02-23-2007

Euleta M. Zollinger, Complainant, v. Mike Johanns, Secretary, Department of Agriculture, Agency.


Euleta M. Zollinger,

Complainant,

v.

Mike Johanns,

Secretary,

Department of Agriculture,

Agency.

Appeal No. 01200615361

Agency No. FSA-2004-00065

DECISION

Complainant filed an appeal with this Commission concerning her complaint

of unlawful employment discrimination. Complainant alleged that she was

subjected to discrimination on the basis of age (date of birth: October

28, 1944) when, on April 8, 2004, complainant was not selected for the

County Executive Director position, CO-9/11/12, in the Ellis County Farm

Service Agency (FSA) Office, Hays, Kansas, which was advertised under

Vacancy Announcement Number KS040003.

We find that the agency articulated a legitimate, nondiscriminatory

reason for the nonselection. The agency stated that they appointed

a panel consisting of three individuals to interview, rank, and made

a selection from the four candidates on the Certificate. Based upon

the review of the applications and the interview process, the Panel

decided that the selectee's experience, willingness to work with and

assist farmers at locations outside of an office setting and to assist,

work and cooperate with other employees was a determining factor. Also,

the Panel was impressed by the selectee's willingness to work overtime

or long hours. Finally, the selectee's education, specifically a Masters

Degree in Agriculture, was also given weight in the selection process.

The Commission finds that complainant failed to rebut the agency's

articulated legitimate, nondiscriminatory reasons for the selection

decision. Furthermore, complainant failed to show that her qualifications

for the County Executive Director position were plainly superior to the

selectee's qualifications or that the agency's actions were motivated

by discrimination. Complainant failed to show, by a preponderance of the

evidence, that she was subjected to discrimination on the basis of age.

The agency's decision finding no discrimination 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

February 23, 2007

__________________

Date

1 Due to a new data system, your case has been redesignated with the

above referenced appeal number.

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2

0120061536

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

3

0120061536