01A23757
09-25-2003
Pamela L. Anderson, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Pamela L. Anderson v. Department of Justice
01A23757
September 25, 2003
.
Pamela L. Anderson,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Appeal No. 01A23757
Agency Nos. A-97-1030, A-98-1009, and A-98-1029
DECISION
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. The appeal is accepted pursuant to
29 C.F.R. � 1614.405. For the following reasons, the Commission AFFIRMS
the agency's final decision.
The record reveals that during the relevant time, complainant was
employed as a Legal Secretary at the agency's Office of the US Attorney
for Southern District of Texas in Houston facility. Complainant sought
EEO counseling and subsequently filed three complaints. The first formal
complaint was filed on September 25, 1997. The complainant alleged that
she was subjected to a hostile work environment and discriminated against
on the bases of race (African-American), sex (female), and reprisal
for prior EEO activity when the agency did not grant her request to be
reassigned from her supervisor, who allegedly called her dumb and the
complainant was given impossible deadlines. In the second complaint she
alleged hostile environment and retaliation when the complainant's office
was not decorated for Halloween as were the offices of other employees
and she was slandered and kept busy all day. The third complaint alleged
retaliation against her by the investigator and other management officials
during the investigation of the complainant's assertion that she was
assaulted by her supervisor.
At the conclusion of the investigation, 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. The record does
not show that complainant responded within the time period specified in
29 C.F.R. � 1614.108(f); and the agency issued a final decision.
In its FAD, the agency concluded that while the supervisor's treatment
of the complainant had been harsh, the treatment was performance related
and not due to discriminatory animus. The FAD also concluded that there
was no credible evidence to support the complainant's claim that she
had been assaulted by her supervisor.
On appeal, complainant contends that the investigator misstated
information and states that the responsible officials were aware of her
prior EEO history. The agency requests that we affirm its FAD.
The Commission concurs with the agency's determination that complainant
failed to present evidence that more likely than not, the agency's
articulated reasons for its actions were a pretext for discrimination. In
reaching this conclusion, we note that the record contains documentation
of repeated errors and counseling before the complainant was placed on
a performance improvement plan. The record does not establish that the
agency's actions were a pretext to unlawfully discriminate or retaliate
against the complainant
Therefore, after a careful review of the record, including complainant's
contentions on appeal, the agency's response, and arguments and evidence
not specifically addressed in this decision, we affirm the FAD.
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
September 25, 2003
__________________
Date