01A45348
11-29-2004
Wilma Shaw, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
Wilma Shaw v. Department of the Air Force
01A45348
11-29-04
.
Wilma Shaw,
Complainant,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Appeal No. 01A45348
Agency No. 811M02018
Hearing No. 150-2003-09821X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts
the complainant's appeal from the agency's final order in the
above-entitled matter. Complainant alleged that the agency subjected her
to harassment/hostile work environment based on race (African American),
sex (female) and reprisal (prior EEO activity), when:
(1) On July 1, 2002, she was reassigned to a GS-13 Supervisory Management
Analyst position; orally admonished and not shown evidence used to support
the oral admonishment; not advised of her right to appeal the disciplinary
action; told that an employee under her supervision was being detailed
to another position to avoid further retaliation by complainant;
From July 14, 2002 through January 9, 2003, the agency allowed her name
to be used as a point of contact on an outdated EEO performance indicator;
The agency failed to obtain vital information from her prior to settling
an EEO complaint that was filed against her by a subordinate employee;
The agency allowed managers to prevent her from performing her job duties
by excluding her from meetings and briefings and by making decisions
without her input which directly impacted the program she manages;
The agency allowed managers to interfere with and obstruct her management
of the competitive working branch;
The agency reassigned her to a position for which she was not qualified.
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 final agency order because
the Administrative Judge's ultimate finding, that unlawful employment
discrimination was not proven by a preponderance of the evidence, is
supported by the record.
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
___11-29-04_______________
Date