01A30930_r
03-26-2003
Gloria Parker-Allen, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Gloria Parker-Allen v. Department of the Treasury
01A30930
March 26, 2003
.
Gloria Parker-Allen,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A30930
Agency No. 02-2410T
DECISION
Complainant filed a timely appeal with this Commission from an agency
decision dated October 16, 2002, dismissing her complaint of unlawful
employment discrimination. In her complaint, complainant alleged that
she was subjected to discrimination on the basis of reprisal for prior
EEO activity when:
On July 24, 2002, the complainant was denied access (not allowed in) into
the Office of the Comptroller of the Currency (OCC) office building; and
On February 5, and August 15, 2002, the complainant's picture was posted
at the Security desk.
The agency dismissed claims (1) and (2) pursuant to the regulation set
forth at 29 C.F.R. � 1614.107(a)(1), for failure to state a claim. With
regard to issue (1), the agency notes that complainant was employed by
the OCC until she resigned on January 4, 2002, per a settlement agreement
in Agency Case No. TD-02-1049. The agency notes that complainant claims
she went to the OCC on July 24, 2002, to deliver a job application for
a Legal Technician position in the Enforcement and Compliance Division.
The agency purports that after being denied access to the premises,
complainant deposited her job application at the Security desk.
The agency acknowledges that complainant's application was received in a
timely manner and states that after she was found qualified, complainant
was interviewed for the position at issue. Thus, the agency argues that
complainant failed to show that the denial of access to the premises
resulted in a harm to a term, condition, or privilege of employment.
With regard to issue (2), the agency states that complainant has failed
to show that she suffered a harm to a term, condition, or privilege of
employment by the posting of her picture at the Security desk.
Complainant also alleged in the complaint that the agency is not providing
complainant a good reference for employment purposes. The agency notes
that complainant entered into a settlement agreement for Agency Case
No. TD-02-1049 which provided that within thirty days after approval
of the agreement, the Deputy Chief Counsel, will give complainant a
favorable Letter of Reference setting forth the dates of employment,
position, grade and performance appraisals. The agency stated that
the reference letter was provided to complainant. The agency noted
that other than stating that she did not receive the reference letter
until February complainant does not provide any specifics with regard
to this claim.<1> The agency stated that it assumed complainant was
claiming breach of the settlement agreement and advised her to contact
the Director, Office of Equal Employment Opportunity Program, (OEOP)
in writing, of the alleged non-compliance, within 30 days of when she
learned of the alleged non-compliance.
On appeal, complainant states that the agency improperly dismissed
her breach of settlement claim. Complainant states that she raised
the issue of breach of settlement on July 29, 2002, with the agency's
OEOP at OCC indicating her belief that the agency was giving her bad
references based on the refusal of the agency to permit her entrance
into the building to file an application for employment on July 24,
2002. Thus, complainant requests that the agency investigate this issue.
In response to complainant's appeal, the agency reiterates its
position that issues (1) and (2) fail to state a claim of employment
discrimination. With regard to the breach issue, the agency states
that complainant was advised in the settlement agreement to raise breach
allegations with the Director, OEOP, with the agency and not with OCC.
The agency notes that complainant previously filed a breach claim in
February 2002, with the Director, OEOP and thus argues that she knows
the proper manner in which to allege breach. The agency further states
that complainant does not explain how her denial of access to OCC or
the posting of her picture at the Security desk indicates that the OCC
breached the settlement agreement.
Upon review, we find that the agency properly dismissed issues (1) and
(2) for failure to state a claim. We find that with regard to these
issues complainant has failed to state a cognizable claim of employment
discrimination.
With regard to complainant's breach claim, we find that complainant has
failed to show that the agency breached the January 4, 2002 settlement
agreement. The settlement agreement stated that within thirty days
of the approval of the agreement, the Deputy Chief Counsel, will give
complainant a favorable Letter of Reference setting forth the dates
of employment, position, grade and performance appraisals. Despite
complainant's suspicion that the agency was giving her bad references
based on the refusal to permit her entrance to the building and the
posting of her picture at the Security Desk, we find that she has not
provided any evidence in support of this contention. Further, we note
that the settlement agreement only provided that the agency would give
a favorable Letter of Reference for complainant from the Deputy Chief
Counsel, which complainant acknowledged she received in February 2002.
Accordingly, the agency's final decision dismissing claims (1) and (2)
is AFFIRMED and we find no breach of the settlement agreement.
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
March 26, 2003
__________________
Date
1We note that complainant filed a breach of
settlement claim on February 5, 2002, alleging that the agency failed
to provide her with a Letter of Reference specified in the settlement
agreement of Agency Case No. TD-02-1049. Complainant appealed this
matter to the Commission and it is being addressed under EEOC Appeal
No. 01A22585.