0120070358
09-20-2007
Tryvonia E. Williams, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.
Tryvonia E. Williams,
Complainant,
v.
R. James Nicholson,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 0120070358
Agency No. 200406412006100343
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's September 25, 2006, 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.
On December 8, 2005, complainant filed a formal complainant claiming
discrimination based on race (black) and reprisal when she was harassed
and subjected to a hostile work environment regarding six events from
October 19, 2005, to February 27, 2006. Specifically, complainant stated
that: (a) her immediate supervisors (Ss) questioned her about missing
patient charts and appeared to hold her accountable; (b) Ss gave her job
away, did not provide her a work space, and spoke to her in a harsh voice;
(c) Ss assigned her to a 2x2 space, with no office supplies or telephone,
and spoke to her in a harsh voice, telling her to clean off her desk
because the unit was moving; (d) Ss told her to cover additional units;
(e) Ss spoke to her about a follow-up appointment for a patient; and
(f) based on reprisal, her work area and personal possessions were
vandalized.
At the time of the events herein, complainant worked for the VAMC in
Baltimore, MD, as a Ward Clerk to the Nursing Service, Mental Health.
Because of potentially dangerous fumes in the work area, her Unit was
moved with little notice into another functioning unit, throwing both
units into disorder and confusion. With regard to the events identified
by complainant, Ss denied speaking to complainant in a harsh voice
and stated, as to (a), they questioned several people and held no one
responsible; (b), Ss did not give complainant's job away, although she
had a counterpart in the Unit they joined; (c), she was directed to
pack her personal items rather than leave them in the old area; (d),
the Ward Clerks generally covered for each other; (e), Ss received a
call from a patient and established the policy that Ward Clerks make
follow-up appointments in the future; and (f), Ss supported complainant
and made known their concern about her personal items.1
In its decision, the agency found that complainant failed to show that
the events complained of constituted illegal harassment or created an
intimidating, hostile, or offensive work environment based on race or
reprisal.2 Complainant did not submit comments with her appeal.3 After
a review of the record in its entirety, 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 (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
____9/20/07______________
Date
1 There is no evidence in the record, nor did complainant claim, that
Ss were responsible.
2 Even considering complainant's claims as claims of disparate treatment,
we find that the agency articulated legitimate, nondiscriminatory reasons
that complainant failed to demonstrate were pretext.
3 With her appeal form, complainant submitted a form requesting a hearing
dated September 5, 2006. She provided no explanation for the form;
however, to the extent that she sought a hearing, her request is untimely.
See 29 C.F.R. � 1614.108(f).
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0120070358
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0120070358