0120080987
03-14-2008
Leslie D. Crenshaw, Complainant, v. Charles F. Conner, Acting Secretary, Department of Agriculture, Agency.
Leslie D. Crenshaw,
Complainant,
v.
Charles F. Conner,
Acting Secretary,
Department of Agriculture,
Agency.
Appeal No. 0120080987
Agency No. FS-2007-00735
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated November 29, 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.
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for failure
to state a claim.
At the time of the events at issue, complainant was employed by the agency
as an Air Tanker Base Manager, GS-7, in San Bernardino, California.
In a formal complaint dated September 12, 2007, complainant alleged
that the agency subjected her to hostile work environment harassment
on the basis of sex (female)1 when: (1) in June 2007, she received
a letter of advisement instructing her to dismiss an employee she
had hired under a special hiring authority because she had allegedly
been told by management not to do so;2 (2) her immediate supervisor
(S1) did not allow her to handle problem employees and did not deal
with them himself; (3) on numerous occasions, S1 instructed her to do
something and then failed to take responsibility for his decision; (4)
S1 spoke to her in a rude manner and implied she did not know her job;
(5) on April 19, 2007, S1 accused her of being late for work; and (6)
on January 24, 2007, S1 accused her of listening to his voicemails.
In its November 29 final decision, the agency stated that complainant's
claim of harassment as alleged does not rise to the level of a hostile
work environment. We agree. We find that complainant failed to show
that she suffered a harm or loss with respect to a term, condition, or
privilege of employment for which there is a remedy3 or that the agency's
actions rose to the level of a hostile work environment4. Complainant
failed to establish that the actions alleged were sufficiently severe
or pervasive to alter the conditions of complainant's employment.
Accordingly, we AFFIRM the agency's final decision dismissing
complainant's complaint.
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
March 14, 2008
__________________
Date
1 Complainant also alleged discrimination based on her parental status,
which is not a covered basis under 29 C.F.R. Part 1614 EEO complaint
process.
2 The record reflects that no adverse action was taken against
complainant because of the letter of advisement.
3 See Diaz v. Dep't of the Air Force, EEOC Request No. 05931049 (April
21, 1994).
4 See Harris v. Forklift Systems, Inc., 510 U.S. 17, 23 (1993).
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0120080987
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0120080987