01A23551
09-30-2003
Marilyn M. Daniels, Complainant, v. Gale A. Norton, Secretary, Department of the Interior, Agency.
Marilyn M. Daniels v. Department of the Interior
01A23551
September 30, 2003
.
Marilyn M. Daniels,
Complainant,
v.
Gale A. Norton,
Secretary,
Department of the Interior,
Agency.
Appeal No. 01A23551
Agency Nos. LLM-00-035; LLM-01-041
DECISION
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 filed two formal complaints, the first on October 20, 1999 and
the second on June 24, 2001. In complaint I, complainant alleged that
she was discriminated against because of her race (African American),
sex (female) age (DOB: 12/7/49), mental disability and reprisal when:
1. in 1995, she was detailed to the �Round Table Associates�; and
2. Upon her return to the agency, she was placed in the EEO Office and
was not given any work assignments. Additionally, the office space
provided to her caused her to suffer severe allergy-like symptoms, and
the agency's failure to resolve her complaint through mediation resulted
in her becoming depressed.<1>
In complaint II, complainant alleged that she was discriminated against
because of her race (African American), sex (female) age (DOB: 12/7/49),
and reprisal when: 1. in September 2000, the Assistant Director,
Human Resources Management Office, offered to reassign her to another
sub-agency; 2. in November 2000, the EEO Officer, sent her a letter which
placed her on absence without leave (AWOL) and refused to change the
AWOL to administrative leave; 3. on December 19, 2000, the EEO Officer
issued her a letter which informed her that she was being placed on
leave restrictions; 4. the EEO Officer issued her a �failure to complete
assignment� memorandum; and 5. management officials only provided her
with a summary of the results of management's initial inquiry into her
harassment claim, instead of the complete internal report.
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.
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
September 30, 2003
__________________
Date
1We assume without finding, for the purposes
of analysis only, that complainant is an individual with a disability.