01A04273_r
08-22-2002
Ellen B. Stuart, Complainant, v. Donald E. Powell, Chairman, Federal Deposit Insurance Corporation, Agency.
Ellen B. Stuart v. Federal Deposit Insurance Corporation
01A04273
August 22, 2002
.
Ellen B. Stuart,
Complainant,
v.
Donald E. Powell,
Chairman,
Federal Deposit Insurance Corporation,
Agency.
Appeal No. 01A04273
Agency No. 97-34
Hearing No. 170-99-8069X
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-captioned matter.
In her complaint, complainant claims harassment on the bases of sex
(female) and disability (pregnancy/childbirth), as evidenced by the
following:
In August 1996, complainant's supervisor instructed her to stop using
a vacant room to express her breast-milk, and to instead use her own
office, which had no lock;
In September 1996, while on a travel assignment, complainant was
criticized for not staying at the hotel designated for her team when
she instead selected a hotel better equipped to accommodate her infant
and babysitter;
In September 1996, complainant received a negative memorandum concerning
her failure to timely and fully complete a team leader evaluation form;
In September 1996, a male co-worker was given permission to change a
hotel reservation;
In October 1996, complainant's travel voucher was amended to deny
her additional expenses incurred for infant care during a travel
assignment; and
In October 1996, complainant received a performance appraisal for
the period of October 1995 to October 1996, which contained negative
comments.
After a review of the record in its entirety, including all statements
submitted on appeal, the Commission finds that the Administrative Judge
properly issued a decision without a hearing, and we AFFIRM the agency's
final action because the Administrative Judge's ultimate finding, that
complainant had not been subjected to conditions so severe or pervasive
as to constitute harassment, 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
August 22, 2002
__________________
Date