01990160_01990502
07-16-2002
Louise A. Williams, Complainant, v. Gale A. Norton, Secretary, Department of the Interior, Agency.
Louise A. Williams v. Department of the Interior
01990160 & 01990502
July 16, 2002
.
Louise A. Williams,
Complainant,
v.
Gale A. Norton,
Secretary,
Department of the Interior,
Agency.
Appeal Nos. 01990160 & 01990502
Agency Nos. FWS-96-036 & FWS-96-016
Hearing Nos. 320-97-8359X & 320-96-8380X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeals from the agency's final decisions in the above-entitled matters.
Regarding Appeal No. 01990160, the issue on appeal is whether the
complainant has established that the agency discriminated against her
based on disability (depression, anxiety, post traumatic stress and
irritable bowel syndrome) and reprisal (prior Title VII activity) when she
learned through an employee notice given to her by a coworker that she was
being reassigned to the Bureau of Reclamation (BOR), Denver Administrative
Service Center (DASC) on April 30, 1996. She further alleged that this
reassignment could cause her to lose the emotional support of a coworker
who was not being reassigned. With respect to Appeal No. 01990502,
the issue is whether the complainant has established that the agency
discriminated against her based on disability (anxiety and depression)
and reprisal (prior Title VII activity) when: (1) her supervisor denied
her administrative leave to participate in a federal court proceeding in
connection with her EEO cases on January 9, 1995; and (2) her supervisor
denied her administrative leave to visit her psychologist and prepare
her EEO cases on November 30, 1995, and December 18, 1995, respectively.
For purposes of analysis, we shall assume without finding that the
complainant is an individual with a disability and that she is qualified.
After a careful review of the record, it is the decision of the Equal
Employment Opportunity Commission to AFFIRM both of the agency's final
agency decisions (FAD). We affirm the FAD in 01990160 because the
Administrative Judge's issuance of a decision without a hearing was
appropriate and a preponderance of the record evidence does not establish
that discrimination
occurred. We affirm the FAD in 01990502 because the Administrative
Judge's ultimate finding, that unlawful employment discrimination was not
proven by a preponderance of the evidence, is supported by the record.<1>
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
July 16, 2002
__________________
Date
1We also conclude that the EEOC Denver District Director (Director)
correctly denied the request for recusal of the Denver District
EEOC Administrative Judge from conducting EEOC hearings in which
the complainant's attorney participated for reasons set forth in the
Director's February 18, 1998, letter.