01A03078
09-19-2002
Guadalupe G. Bigrigg, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
Guadalupe G. Bigrigg v. Department of the Air Force
01A03078
September 19, 2002
.
Guadalupe G. Bigrigg,
Complainant,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Appeal No. 01A03078
Agency Nos. KHOF: 97483; 96722; 96314; 98147; 98160; 98290; 97270;
98365; 98291
Hearing Nos. 360-99-8603X; 8610X; 8618X; 8639-43X; 8906X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final order in the above-entitled matter.
The record reveals that complainant filed nine formal EEO complaints
alleging that the agency violated 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. Specifically complainant alleges that the agency
had discriminated against her on the bases of national origin (Hispanic),
sex (female), age (DOB: 12/14/1940), and in reprisal for prior protected
activity when she was not selected for an Accountant position, was not
referred for promotion consideration, did not receive the performance
ratings she believed she deserved, and was sexually harassed.
At the conclusion of the investigation, complainant was provided a
copy of the investigative report and requested a hearing before an
EEOC Administrative Judge. When complainant failed to be present for a
pre-hearing teleconference, the Administrative Judge issued a Show Cause
Order. The Administrative Judge found that complainant's response was
insufficiently persuasive to excuse her failure to prepare for a hearing
on the nine complaints of discrimination. Upon review of the record, the
Administrative Judge found that the agency had articulated legitimate,
non-discriminatory and credible explanations for its actions and that
complainant had failed to introduce evidence during the pre-hearing
process that would warrant further investigation of her claims.
The Administrative Judge thus determined that the appropriate sanction
under 29 C.F.R. � 1614.109(f)(3) was to issue a decision fully in favor
of the agency. Subsequently, the agency issued a final order adopting
the Administrative Judge's finding of no discrimination. Complainant did
not submit a statement in support of her appeal.
After a review of the record in its entirety, the Commission finds that
under the circumstances of this case, the Administrative Judge's issuance
of a decision finding in favor of the agency was an appropriate exercise
of the Administrative Judge's discretion. 29 C.F.R. � 1614.109(f)(3)(iv).
It is the decision of the Commission to affirm the agency's final order
because the Administrative Judge's ultimate finding, that unlawful
employment discrimination was not proven by a preponderance of the
evidence, is supported by the record.
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
September 19, 2002
__________________
Date