01A05460_r
06-13-2001
Mary A. Johnson-Jones, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Mary A. Johnson-Jones v. Department of Justice
01A05460
June 13, 2001
.
Mary A. Johnson-Jones,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Appeal No. 01A05460
Agency No. P-97-9163
Hearing No. 110-98-8193X
DECISION
Complainant filed a timely appeal with this Commission from a final
agency action dated July 10, 2000, fully implementing the dismissal of
a complaint of unlawful employment discrimination in violation of Title
VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.
In the complaint filed June 14, 1997, complainant, a Senior Correctional
Officer at the Federal Correctional Institution in Estill, South Carolina,
alleged that she was subjected to discrimination on the bases of race
and sex when a supervisor yelled at her and threatened to write her
up. After an investigation of her complaint, complainant requested a
hearing before an Administrative Judge of the Commission.
The Administrative Judge found that complainant was not aggrieved by
the agency action and issued a decision dismissing the complaint for
failure to state a claim. The agency fully implemented the Administrative
Judge's decision.
On appeal, complainant alludes to suffering mental stress as a result
of the identified incident, and submits a report from her psychologist.
In separate correspondence to the agency, also submitted on appeal,
complainant requested compensatory damages. However, the Commission has
held that where a claim fails to render a complainant aggrieved, it is
not converted into a processable claim merely because the complainant
has requested compensatory damages. Laratonda v. USPS, EEOC Appeal
No. 01933846 (March 11, 1997).
The Commission finds that complainant failed to state a claim and,
therefore, AFFIRMS the final action.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
June 13, 2001
__________________
Date