01A21534
09-25-2003
Kim Carolyn N. Olds, Complainant, v. Andrew S. Natsios, Administrator, Agency for International Development Agency.
Kim Carolyn N. Olds v. Agency for International Development
01A21534
09-25-03
.
Kim Carolyn N. Olds,
Complainant,
v.
Andrew S. Natsios,
Administrator,
Agency for International Development
Agency.
Appeal No. 01A21534
Agency No. EOP-98-14
DECISION<1>
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final decision in the above-entitled matter.
Complainant alleged that the agency had discriminated against her on
the bases of race and national origin (Hispanic and East Indian), sex
(female), color (Black), and disability (bilateral carpal tunnel syndrome;
repetitive stress syndrome) when:
1) from April 27, 1998 - May 5, 1998, her disability was not accommodated
when she was denied ergonomic devices; required to type during a
substantial portion of the work day; and denied the opportunity to
participate in a compressed work schedule which would have allowed her
to attend physical therapy;
from May 6 - June 24, 1998, Office of Workers Compensations forms
CA-07 and CA-08 were not processed timely, causing delay in receipt of
complainant's workers' compensation benefits;
beginning with complainant's absence from work on May 6, 1998,
complainant was denied access to the agency's voluntary leave transfer
program as a leave recipient;
from May 24, 1998 - June 6, 1998 (pay period 11), the agency placed
complainant in leave without pay (LWOP) for 53 hours;
beginning May 15, 1998, agency managers repeatedly asked complainant
to provide information on her medical condition, despite the fact that
complainant had previously submitted statements from her doctor;
the agency denied complainant's requests for physical hand therapy
following wrist surgery;
the agency failed to send complainant Statements of Earnings and Leave
(SELs) which contained information on complainant's thrift savings plan
and health insurance; and
on June 11, 1998, complainant learned that the secretarial position
which she assumed on April 27, 1998 was �confidential and precluded
her from receiving union representation.�
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to affirm the agency's final decision
because the preponderance of the evidence of record does not establish
that discrimination occurred.<2>
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
____09-25-03______________
Date
1 For purposes of analysis, we assume, without finding, that complainant
is an individual with a disability.
2 We note that complainant's supervisor stated that during complainant's
interview, he asked her about her wrist brace, but he provided no
elaboration on his inquiry. Complainant did not pursue this matter.
We remind the agency that employers may not ask disability-related
questions at the pre-offer stage of employment. 42 U.S.C. � 12112(d)(2);
29 C.F.R. �� 1630.13(a), 1630.14(a),(b); EEOC Americans With Disabilities
Act Enforcement Guidance: Preemployment Disability Related Questions
and Medical Examinations, at 2 (Oct. 10, 1995).