0120113645
10-26-2012
Lisa Rodriguez, Complainant, v. Ray H. LaHood, Secretary, Department of Transportation (Federal Aviation Administration), Agency.
Lisa Rodriguez,
Complainant,
v.
Ray H. LaHood,
Secretary,
Department of Transportation
(Federal Aviation Administration),
Agency.
Appeal No. 0120113645
Agency No. 2011-23825-FAA-03
DECISION
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. For the reasons set forth, we AFFIRM the Agency's decision, dismissing the complaint.
BACKGROUND
The record reveals that, during the relevant time, Complainant was employed as an Aviation Safety Technician at the Agency's Federal Aviation Administration (FAA), Miami Certificate Management Office (CMO; hereinafter referred as CMO-29), in Miramar, Florida. Complainant sought counseling and subsequently filed a formal complaint.
Complainant alleged that she was subjected to discrimination on the bases of race (Hispanic) (Hispanic), sex (female), national origin (Asian-American), religion (Catholic), age (over 40), disability and in reprisal for prior EEO activity when she was subjected to the following incidents of harassment:
a) On approximately April 28, 2011, an official management inquiry was conducted, concerning Complainant's unexpected departure from a March 31, 2012 briefing, and Complainant's failure to report to the "FML's" office.
b) On February 1, 2011, a coworker startled Complainant as she walked by him in that he flinched as if he were going to hit Complainant and then he laughed and walked away.
c) In August 2010, the "Southern Region RBA" insulted Complainant in front of the Division.
d) In October 2010, Complainant became aware that a coworker was in the voluntary leave transfer program, even though Complainant had been removed from the program in December 2008.
e) In February 2010, a manager began removing some of Complainant's duties so that Complainant would not work on enforcement cases with his team.
f) In 2010, Complainant believed that it was reported that coworkers were visiting too much with Complainant.
ANALYSIS AND FINDINGS
Complainant has not challenged the definition of the complaint and has not filed a brief on appeal. The Commission finds that the complaint fails to state a claim under the EEOC regulations as a result of the incidents alleged in the complaint. Nothing in the record indicates that Complainant suffered harm or loss with respect to a term, condition, or privilege of employment for which there is a remedy. Complainant has failed to explain how these incidents rendered her aggrieved. Specifically, there is no evidence that any management official took any action against her affecting a term, condition or privilege of her employment. Moreover, the Commission does not find that Complainant's claims are sufficiently severe so as to constitute a claim of harassment.
CONCLUSION
Accordingly, the Agency's final decision dismissing Complainant's complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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 77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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
October 26, 2012
__________________
Date
2
0120113645
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120113645