Monteze M. Jaggers, Appellant,v.Louis Caldera, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionApr 13, 1999
01981679_r (E.E.O.C. Apr. 13, 1999)

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