01990851
11-24-2000
Sonja C. Egblomasse, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Sonja C. Egblomasse v. Department of the Army
01990851
November 24, 2000
.
Sonja C. Egblomasse,
Complainant,
v.
Louis Caldera,
Secretary,
Department of the Army,
Agency.
Appeal No. 01990851
Agency No. BWJCFO9705H0620
DECISION
Complainant filed a timely appeal with this Commission from an
agency decision dated September 15, 1998, dismissing 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 and,
the Age Discrimination in Employment Act of 1967 (ADEA), as amended,
29 U.S.C. � 621 et seq.<1> In her complaint, complainant alleged that
she was subjected to discrimination on the bases of race (African
American), color (Black), age (50) and reprisal (prior EEO activity)
when from January 24, 1997 through September 29, 1997, she was subjected
to continuous harassment in the work environment.
The record indicates that complainant initially sought EEO counseling
on February 5, 1997, concerning allegations of discrimination in her
work place. However, at the time of complainant's initial contact of
an EEO Counselor, she did not identify any bases of discrimination
recognized under Title VII. Thereafter, on May 7, 1997, the record
indicates that complainant filed an informal complaint concerning
the denial of her request for a tour extension. Complainant claimed
that she had been discriminated against based on her race and age.<2>
During the informal inquiry regarding her complaint, complainant raised
additional issues of harassment and hostile work environment as part of
her discrimination claim. On September 9, 1997, complainant mailed a
formal complaint to the agency's EEO office which raised only the issues
of harassment and hostile work environment, omitting the issue concerning
the denial of her request for a tour extension. Complainant's formal
complaint also raised reprisal as a basis of her discrimination claim.
By letter dated November 24, 1997, the agency requested that complainant
clarify the issues in her complaint. Complainant's only response to the
agency's request referred the agency to a grievance package complainant
had submitted to the USA Army Hospital at complainant's duty station in
Wuerzburg, Germany. Complainant failed to address the agency's specific
requests for clarification.
By letter dated April 6, 1998, the agency again requested that complainant
clarify her complaint allegations and advised her that her complaint
could be dismissed for failure to cooperate if she failed to respond
to the agency's specific request for information within 15 days.
Complainant's response dated April 23, 1998, stated that it was the
EEO Manager who had failed to cooperate. Again, complainant failed to
respond to the agency's specific request for information. In addition,
the record indicates that the agency's EEO office attempted on two
occasions to schedule appointments with complainant in an attempt to
clarify her discrimination claim. Complainant responded to the agency's
attempts to schedule an interview, with a letter requesting that the
agency forward her complaint to the appropriate EEOC District Office
for a hearing before an Administrative Judge.
In a decision dated September 15, 1998, the agency dismissed complainant's
claim of employment discrimination pursuant to EEOC Regulation 29
C.F.R. � 1614.107(a)(7) for failure to cooperate. Specifically, the
agency determined that after repeated requests for clarification regarding
her allegations of discrimination, complainant failed to respond.
EEOC Regulation 29 C.F.R. � 1614.107(a)(7) provides that an agency shall
dismiss a complaint or portion of a complaint where an agency has provided
the complainant with a written request to provide relevant information or
otherwise proceed with the complaint and the complainant has failed to
respond to the request within 15 days of its receipt. A review of the
record shows that complainant did not comply with the agency's repeated
requests for clarifying information. Under the circumstances we find
that the agency's request for additional information from complainant was
reasonable and her repeated refusals to cooperate justify the agency's
dismissal of her complaint pursuant to applicable EEOC regulations.
Accordingly, the agency's decision is hereby AFFIRMED for the reasons
set forth herein.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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 24, 2000
___________________
Date
__________________
Date1On November 9, 1999, revised regulations governing the EEOC's
federal sector complaint process went into effect. These regulations
apply to all federal sector EEO complaints pending at any stage in
the administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
2We note that after complainant filed her May 7, 1997 informal complaint,
she retired from her position with the agency on September 30, 1997.