01995450
03-04-2002
Dianne E. Copeland v. Tennessee Valley Authority, 01995450 03-04-02 .Dianne E. Copeland, Complainant, v. Glenn L. McCullough, Jr., Chairman, Tennessee Valley Authority, Agency.
Dianne E. Copeland v. Tennessee Valley Authority,
01995450
03-04-02
.Dianne E. Copeland,
Complainant,
v.
Glenn L. McCullough, Jr.,
Chairman,
Tennessee Valley Authority,
Agency.
Appeal No. 01995450
Agency No. 1031-97032
DECISION
On June 24, 1999, Dianne E. Copeland (hereinafter referred to as
complainant) initiated a timely appeal to the Equal Employment
Opportunity Commission (Commission) with regard to her complaint of
discrimination in violation of Title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. � 2000e et seq. The appeal is accepted by this
Commission in accordance with 29 C.F.R. � 1614.405. Based upon a review
of the record, and for the reasons stated herein, it is the decision of
the Commission to AFFIRM the final agency action.
The issue on appeal is whether the agency properly awarded relief to
complainant upon finding that she had been subjected to race and sex
discrimination.
Complainant filed a formal EEO complaint in October 1996, alleging
that the agency discriminated against her on the bases of her race
(black), and sex (female) when it did not select her for four positions.
Following an investigation, and at complainant's request, the agency
issued a final decision on May 24, 1999, finding that complainant was
subjected to disability discrimination when she was not selected for the
position of Manager, Financial Planning and Analysis. As relief, the
agency indicated that it would offer complainant the position in question
or an equivalent position, with backpay, interest, and other benefits.
On appeal, complainant challenged only the relief awarded by the
agency.<1> Specifically, complainant asserted, for the first
time, that she was entitled to $75,000.00 in compensatory damages.
Complainant stated that she experienced stress, hair loss, and weight
gain as a result of her loss of employment with the agency. Further,
complainant indicated that she incurred $5,000.00 in travel expenses and
temporary housing costs as a result of having to relocate in order to
obtain employment. Complainant submitted a note from her hair dresser,
stating that she did not see complainant from 1993 through 1996, during
which time, complainant's hair had become thinner. Complainant also
included an electronic mail message from an acquaintance who stated
that complainant gained considerable weight in 1996, and, at that time,
spoke of emotional hardships at work.
The agency countered that complainant failed to present any evidence
to substantiate her claim for damages, or information showing that the
alleged harm resulted from the nonselection in question. The agency
submitted an affidavit from the Human Resources Consultant, as well as
supporting documentation, showing that the relief provided for in the
final decision had been implemented.
The Commission notes that, to receive an award of compensatory damages,
a complainant must demonstrate that she has been harmed as a result of
the agency's discriminatory action; the extent, nature and severity of
the harm; and the duration or expected duration of the harm. Rivera
v. Department of the Navy, EEOC Appeal No. 01934157 (July 22, 1994),
request for reconsideration denied, EEOC Request No. 05940927 (December
11, 1995); Compensatory and Punitive Damages Available Under Section 102
of the Civil Rights Act of 1991, EEOC Notice No. N 915.002 at 11-12, 14
(July 14, 1992). In the case at hand, the agency found discrimination
only with regard to complainant's nonselection for the Manager position
cited above. Nevertheless, complainant's statement on appeal addresses
damages suffered as a result of her loss of employment. A review of the
record reveals that complainant was subsequently terminated pursuant to a
reduction in force in September 1996, and did not challenge that action.
Complainant has not presented any evidence to show that the damages
she allegedly suffered were in any way related to the action for which
discrimination was found. Thus, we find that complainant is not entitled
to compensatory damages in this case. Accordingly, it is the decision
of the Commission to AFFIRM the final agency decision.
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
_______03-04-02___________________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_________________________
Date
_________________________
1Given that complainant is not challenging the agency's findings of
no discrimination with regard to the remaining three positions, those
issues will not be addressed herein.