01981679_r
04-13-1999
Monteze M. Jaggers, Appellant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Monteze M. Jaggers, )
Appellant, )
)
v. ) Appeal No. 01981679
) Agency No. GFB-FO-9708H0300
Louis Caldera, )
Secretary, )
Department of the Army, )
Agency. )
______________________________)
DECISION
On December 29, 1997, this Commission received appellant's timely appeal
from a final agency decision (FAD) received by her on November 26, 1997,
pertaining to her 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. The agency identified appellant's complaint as
alleging that she was subjected to discrimination on the bases of sex
(female) and in reprisal for prior EEO activity when:
�The position of Supervisor Procurement Analyst, GS-1102-13, with the
[agency] Corps of Engineers, San Francisco District, Contracting Division,
was recently filled through the Career Referral Program process....�
�[Appellant] submitted [her] DA Form 2302-R and Supporting documents to
the Directorate of Human Resources on [April 12, 1997] for consideration
for the position in response to the ACCES referral notification issued
[on March 24, 1997]....�
�[Appellant] was screened from consideration by [two of her supervisors]
(S1 and S2), both members of the selection panel, because of reprisal
for my EEO complaint against them...�
�[Appellant] initially requested the mandatory courses required for
Level III Certification in [her] IDP dated [June 15, 1994]... [She
has] not received the training to date. A male coworker (GS-9 level)
received level III training in March 1996, two years after [appellant]
requested training. This same male coworker also was given special
leadership training approved by [S1 and S2]....
�The Job Announcement did not require a Level III Certification nor do
the DAWIA regulations require a Level III Certification for selection to
a GS-1102-13 position ... This procedure was used for [S1] to obtain
his Level II Certification after his selection as Chief, Contracting
Division in January 95. In fact, [S1] was given his Level II without
completing CON 231, a mandatory requirement after January 1, 1995....�
�[Appellant] was denied the mandatory training required for Level III
certification because of [her] gender...�
The agency accepted allegations (a) through (c) for investigation and
dismissed allegations (d) through (f) pursuant to EEOC Regulation 29
C.F.R. �1614.107(a), for stating the same claims that were the subject
of a prior complaint, identified as Agency No. GFB-FO-9610G0310 (prior
complaint).
EEOC Regulation 29 C.F.R. �1614.107(a) provides that the agency shall
dismiss a complaint or a portion of a complaint that states the same claim
that is pending before or has been decided by the agency or Commission.
The record discloses that appellant raised the same issues identified
in allegations (d) through (f) in her prior complaint. Accordingly,
we find that the agency's decision to dismiss allegations (d) through
(f) was proper, and it is AFFIRMED for the reasons set forth herein.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. In the alternative, you may file a
civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z1092)
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:
April 13, 1999
____________________________
DATE Ronnie Blumenthal, Director
Office of Federal Operations