0120081806
08-01-2008
Nancy Redheffer, Complainant, v. Walter Lukken, Acting Chairman, Commodity Futures Trading Commission, Agency.
Nancy Redheffer,
Complainant,
v.
Walter Lukken,
Acting Chairman,
Commodity Futures Trading Commission,
Agency.
Appeal No. 0120081806
Agency No. CFTCEEOFY0702
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's February 12, 2008 final decision concerning
her equal employment opportunity (EEO) complaint alleging 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 Section
501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended,
29 U.S.C. � 791 et seq.
Complainant alleged that the agency discriminated against her on the
bases of sex (female) and reprisal for prior protected EEO activity
under the Rehabilitation Act and Title VII when: she was purportedly
sexually harassed by an agency security guard and removed from a project
by her supervisor.
In its final decision, the agency found no discrimination in this matter.
In reaching this decision, the agency determined that its management
had articulated legitimate, nondiscriminatory reasons for its actions.
The agency found that on May 10, 2007, an on-duty security guard
asked complainant for a security pass when she was trying to exit the
building carrying a box full of what she claimed were personal items.
In response, complainant used profane language and refused to produce
the required pass. To comply with established security procedures,
a security guard manager, followed complainant outside the building and
asked her for her security pass. Again, complainant refused by saying
that he was not getting a "god damn thing." In essence, the agency
determined that, contrary to complainant's allegations, she was rude and
disrespectful towards the security guard, when he, while acting within
the scope of his duties, asked complainant for a required security pass.
The agency noted that even if complainant found the security guard's
remarks (calling her "sweetheart") somewhat invasive, Title VII does
not serve as a remedy for all instances of intrusive or annoying conduct.
Concerning complainant's claim that she was removed from a work project
by her supervisor, the record shows that her supervisor did not remove
complainant from the project. Instead, he had inadvertently failed
to include complainant in an e-mail message that was relevant to this
project. When her supervisor discovered the mistake, he immediately
forwarded the message to complainant.
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 agency's final decision
because the preponderance of the evidence of record does not establish
that discrimination occurred.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0408)
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 (S0408)
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 (Z0408)
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
August 1, 2008
__________________
Date
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0120081806
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0120081806