0120062614
09-21-2007
Keerti Varmaa, Complainant, v. Linda M. Springer, Director, Office of Personnel Management, Agency.
Keerti Varmaa,
Complainant,
v.
Linda M. Springer,
Director,
Office of Personnel Management,
Agency.
Appeal No. 01200626141
Agency No. 2005065
DECISION
Complainant appeals to the Commission from the agency's decision
dated February 16, 2006, finding no discrimination. In her complaint,
complainant, a Program Assistant, GS-301-7, in the agency's Work/Life
Group Strategic Human Resources Policy Division, alleged discrimination
based on race (American Indian), color (black), sex (female), disability
(anxiety), age (DOB: 8/15/1944), religion (Episcopalian), and in reprisal
for prior EEO activity when in June 2005, she was not selected for the
position of Lead Work Life Program Specialist, GS-301-13/14, under
vacancy announcement number 05-137-MAW. The record indicates that
during the relevant time period at issue, complainant was on a 17-week
detail to the agency's Center for Retirement and Insurance Service,
Human Resources Product and Service Division.
After completion of the investigation of the complaint, complainant did
not request a hearing. Thus, the agency issued its decision concluding
that it asserted legitimate, nondiscriminatory reasons for its action,
which complainant failed to rebut.
Upon review, the Commission, assuming arguendo that complainant had
established a prima facie case of discrimination, finds that the
agency has articulated legitimate, nondiscriminatory reasons for the
alleged nonselection. A selecting official (complainant's manager)
for the selection at issue stated that she had two vacancies in her
office, and because the positions were a full performance 14, she chose
her candidates from the GS-14 certificate. Complainant was among the
qualified candidates for the position, however, she did not make the
GS-14 list. The record indicates that complainant was referred to the
selecting official in the GS-13 certificate.
Furthermore, we note that the selecting official stated that she and
complainant were having difficulties and complainant had performance
issues. Specifically, the official indicated that complainant did
not want to do the job duties she was assigned nor the job for which
was hired. She also indicated that on June 10, 2005, she recently had
a confrontation with complainant which resulted in her having to call
security to have complainant removed from her office.
After a review of the record, the Commission finds that the agency
articulated legitimate, nondiscriminatory reasons for the alleged
nonselection. The Commission also finds that complainant failed to
provide any evidence that the articulated reasons were pretextual or
that the agency action was motivated by discrimination. Furthermore,
complainant failed to show that her qualifications for the position were
plainly superior to the selectees' qualifications or that the agency's
actions were motivated by discrimination. See Wasser v. Department of
Labor, EEOC Request No. 05940058 (November 2, 1995). The Commission
does not address in this decision whether complainant is a qualified
individual with a disability. Furthermore, we note that complainant
has not claimed that she was denied a reasonable accommodation.
Accordingly, 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
09/21/2007
__________________
Date
1 Due to a new data system, this case has been redesignated with the
above referenced appeal number.
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0120062614
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036