01A22327_r
07-25-2002
Luann E. Jenkins, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Luann E. Jenkins v. Department of Veterans Affairs
01A22327
July 25, 2002
.
Luann E. Jenkins,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A22327
Agency No. 2004-0613-2002100522
DECISION
Upon review, the Commission finds that the complaint was properly
dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for failure to state
a claim.
In a complaint dated December 18, 2001, complainant alleged that she
was subjected to discrimination on the bases of race and sex.
In its final decision, the agency determined that complainant claimed
that she was the victim of harassment, and that the harassment was
comprised of three claims identified in the following manner:
1. On November 2, 2001, complainant's supervisor informed her that a
union official had filed another �claim of hostile environment� against
complainant.
2. During a meeting in August or September 2001, and in the presence
of her superiors, complainant was called a name that referred to a dog,
by a union official.
3.. From 1998 through November 2001, complainant has presented various
policy proposals to union officials; the Union has recommended changes
to the policy; and after the changes have been made, union officials
failed to approve the revised policy.
The agency dismissed the complaint for failure to state a claim.
The Commission determines that the instant complaint was properly
dismissed for failure to state a claim. Complainant has not alleged a
personal loss or harm regarding a term, condition, or privilege of her
employment. Moreover, a review of the record reflects that the matters
in question are insufficient to support a claim of harassment. Cobb
v. Department of the Treasury, EEOC Request No. 05970077 (March 13,
1997). Accordingly, we AFFIRM the agency's final decision dismissing
the 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
July 25, 2002
__________________
Date