01A35200
01-05-2005
Nancy F. Newby, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
Nancy F. Newby v. Department of the Air Force
01A35200
January 5, 2005
.
Nancy F. Newby,
Complainant,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Appeal No. 01A35200
Agency No. 8I1M02012
DECISION
The complainant timely initiated an appeal from a final agency decision
(FAD) concerning her complaint of unlawful employment discrimination
in violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq. and the Age Discrimination in
Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
The appeal is accepted pursuant to 29 C.F.R. � 1614.405. The record
reveals that during most of the relevant time, the complainant was
employed as an Office Services Assistant (Stenography/OA) GS-0303-06
at the agency's in the Directorate of Operations, Air Force Materiel
Command at the Eglin Air Force Base in Florida. The complainant alleged
in her complaint, as amended, that she was discriminated and subjected to
a hostile environment on the bases of sex (female), age (D.O.B. January
18, 1944), and reprisal for prior EEO activity when:
on May 8, 2000, the complainant's former supervisor made disparaging
remarks about the complainant's predecessor and females who had held
the position;
from May 9, 2000 through November 28, 2001, several officials used
profane language, even after the complainant indicated that she was
offended by the language;
from May 30, 2001 and thereafter, the complainant was subjected to
isolation, intimidation, after the complainant informed her chain of
command of potential harassment accusations against a colleague;
on November 16, 2001, the complainant was harassed by two officials
during a counseling session and was told by her the supervisor that he
would not allow the complainant to accuse him of harassment;
on November 28, 2001, the complainant was subjected to hostile
environment and received negative feedback on a progress report as an
act of reprisal;
on December 3-14, 2001, the complainant was isolated and left without
support when the rest of the unit went to Edwards AFB;
on December 17, the complainant was told that her position as an Office
Services Assistant was �abolished� and, effective January 25, 2002,
the complainant was reassigned to a data position; and
on June 13, 2002, the complainant received a much lower rating of �Fully
Successful� on all nine of the appraisal factors.
At the conclusion of the investigation, the complainant was informed
of her right to request a hearing before an EEOC Administrative Judge
or alternatively, to receive a final decision by the agency. When the
complainant failed to respond within the time period specified in 29
C.F.R. � 1614.108(f), the agency issued a final decision.
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 final agency
decision because unlawful employment discrimination was not proven by
a preponderance of the evidence.
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
January 5, 2005
__________________
Date