01a54408
11-29-2005
Nilsa O. Molina, Complainant, v. Dr. Francis J. Harvey, Secretary, Department of the Army, Agency.
Nilsa O. Molina v. Department of the Army
01A54408
November 29, 2005
.
Nilsa O. Molina,
Complainant,
v.
Dr. Francis J. Harvey,
Secretary,
Department of the Army,
Agency.
Appeal No. 01A54408
Agency No. ARHQOSA05JAN07116
DECISION
Complainant appeals to the Commission from the agency's May 26, 2005
decision dismissing her complaint for failure to state a claim pursuant
to 29 C.F.R. � 1614.107(a)(1). Complainant alleges discrimination on
the bases of race, sex, national origin, disability, and reprisal when
she was subjected to harassment when: (1) Mr. X screamed at her in front
of the Battalion personnel when he told her that he did not appreciate
her electronic mail, that she was out of place, and that she would hear
from Mr. A; (2) Mr. X did not introduce her to the Commanding General
while introducing other terminal personnel, and therefore, disrespected
her position; (3) Mr. Y stated that he had heard about her and her EEO
complaints; (4) Mr. Y stated that she was the problem in the organization;
(5) Mr. Y stated that she needed to seek employment somewhere else or
quit; (6) Mr. Y stated that he would go back and access her position
with the organization since he felt she was not an asset to the SCCD;
(7) Mr. Y insinuated that as the highest ranking employee she needed
to be part of the team and not the problem; (8) Mr. Y insinuated that
he needed to be allowed to subject her to abuse without complaining;
(9) Mr. Y kept mentioning her EEO complaints and she thought he was
angry; and (10) as a result of the conversation between her and Mr. Y,
she felt threatened that she would lose her job or be pushed out.
Complainant has failed to show harm to a term, condition or privilege
of employment. Further, the acts are not severe or pervasive enough to
constitute a claim of harassment.
The agency's 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
November 29, 2005
__________________
Date