0120073936
12-11-2007
Karen L. Taylor, Complainant, v. Dr. Francis J. Harvey, Secretary, Department of the Army, Agency.
Karen L. Taylor,
Complainant,
v.
Dr. Francis J. Harvey,
Secretary,
Department of the Army,
Agency.
Appeal No. 0120073936
Agency No. ARPINEB07JUL02751
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated September 5, 2007, dismissing her 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 Section
501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended,
29 U.S.C. � 791 et seq. In her complaint, complainant alleged that she
was subjected to discrimination on the bases of race (Caucasian/American
Indian), color (White & Red), disability (allergies, migraines, and
asthma), and reprisal for under the Family Medical Leave Act when:
1. On July 18, 2007, complainant's previously-filed EEO complaint was
dismissed by the agency; and
2. On unspecified dates and in unspecified ways, complainant was
retaliated against for her use of the Family Medical Leave Act (FMLA).
We note initially that the agency characterized the above claims as
follows:
You allege discrimination on the bases of Race (Caucasian/American
Indian), Color (White & Red), Disability (Physical - allergies, migraines,
and weather related asthma), and reprisal for using the Family Medical
Leave Act (FMLA) in the following actions: On July 18, 2007, the Pine
Bluff Arsenal's EEO Officer, . . ., dismissed your formal complaint
of discrimination, DA Docket Number ARPINEB07JUN02309. You allege by
dismissing your complaint, the EEO officer violated you right to due
process.
Following a review of the record, we find that the claim is more
accurately characterized as 2 separate claims as above.
The agency dismissed the claim pursuant to 29 C.F.R. � 1614.107(a)(8),
which states that an agency shall dismiss a complaint that alleges
dissatisfaction with the processing of a previously- filed complaint.
As regards claim 1, we find that the agency correctly dismissed the
complaint for the above-stated reasons. As regards claim 2, we find that
the claim fails to state a claim because complainant has not provided
any information showing how she was retaliated against, by whom, and on
what dates. To the extent complainant is alleging that the retaliation
took the form of her prior EEO complaint being dismissed, such a claim is
dismissed pursuant to 1614.107(a)(8). Accordingly, the FAD 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
December 11, 2007
__________________
Date
2
0120073936
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
0120073936