01a45337
03-04-2005
Mona J. Pazar, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Mona J. Pazar v. Department of Transportation
01A45337
03-04-05
.
Mona J. Pazar,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Appeal No. 01A45337
Agency No. DOT-6-04-6038
DECISION
Complainant filed a complaint in which she claimed that, between April 4
and April 16, 2004, she was subjected to harassment by her operations
manager (OM) because of her gender and her previous EEO activity.
She identified the following incidents in support of her claim:
On April 4, 2004, as a result of a negotiated change in days off,
complainant and the OM were put together in an unusually high overlap
of schedules;
On April 7, 2004, complainant worked on position for well over two hours
without a break, allegedly in violation of the collective bargaining
agreement;
On April 8, 2004, complainant took an hour of leave at the end of her
shift, and called in the following day to verify the type of leave that
she should take;
On April 9, 2004, complainant's first-line supervisor changed her leave
taken from time-off award to sick leave;
On April 10, 2004, the OM changed her sign-in log for the previous day
from sick leave to time-off award;
On April 14, 2004, complainant was informed that she had nine hours of
sick leave;
On April 14, 2004, later in the day, complainant was informed that her
sick leave balance was insufficient;
On April 14, 2004, complainant learned that her time-off award had been
crossed out and that sick leave had been substituted;
On April 15, 2004, complainant made the adjustment to her leave balance
and no disruption occurred; and
On April 16, 2004, the OM asked complainant what type of leave she was
going to use after she arrived for work approximately 23 minutes late.
Agencies are required to dismiss complaints that fail to state a claim.
29 C.F.R. � 1614.107(a)(1). The Commission finds none of the incidents
cited by complainant, either individually or collectively, are sufficient
to establish that complainant a suffered harm or loss with respect to a
term, condition, or privilege of employment for which there is a remedy.
See Diaz v. Department of the Air Force, EEOC Request No. 05931049
(April 21, 1994). Accordingly, the agency's final decision dismissing
complainant's complaint is affirmed.
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
___03-04-05_______________
Date