01A33043_r
09-08-2003
Jacquelyn Howard, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
Jacquelyn Howard v. Department of the Air Force
01A33043
September 8, 2003
.
Jacquelyn Howard,
Complainant,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Appeal No. 01A33043
Agency No. 9R1M03043
DECISION
Complainant filed a timely appeal with this Commission from the
agency's decision dated March 4, 2003, dismissing her complaint of
unlawful employment discrimination for failure to state a claim and for
stating a claim that had been raised previously in a negotiated grievance
proceeding. In a complaint dated January 22, 2003, complainant alleged
that she was subjected to discrimination and harassment on the bases
of race (African-American), sex (female), and reprisal for prior EEO
activity when:
On October 15, 2002, complainant received a Quarterly Civilian Progress
Review on which the dates were unclear.
In November of 2002, complainant received a �clear guidance� for a WL
3806-10 position, instead of a WG 3806-10 position.
On December 17, 2002, a management official perused complainant's
971 folder.
On October 17, 2002, complainant received her performance appraisal for
the 2001-2002 fiscal year, on which she was given a composite score of
64 and an overall rating of �fully successful.�
The Commission finds that complainant neither suffered a tangible
harm or loss as a result of any of the matters raised in allegations
(1) through (3), nor shown that any of those incidents, either singly
or collectively, were severe or pervasive enough to state a claim of
harassment. Regarding allegation (4), the Commission finds that this
matter was raised in a negotiated grievance proceeding that complainant
initiated on June 7, 2002, pursuant to a collective bargaining agreement
under which allegations of employment discrimination can be raised through
the negotiated grievance process. See 29 C.F.R. � 1614.107(a)(4).
Accordingly, the agency's dismissal of the instant complaint 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
September 8, 2003
__________________
Date