01a22964_r
08-15-2002
Linda L. Asche, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Linda L. Asche v. Department of Transportation
01A22964
August 15, 2002
.
Linda L. Asche,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Appeal No. 01A22964
Agency No. 3-01-6081
DECISION
Complainant filed an appeal to this Commission from an agency's decision
dated April 12, 2002, finding that the agency did not discriminate against
complainant on the bases of sex (female), age (51), and in reprisal for
prior EEO activity. In her complaint, complainant alleged that she was
subjected to a hostile work environment when: a coworker consistently
called her and other women in the facility �girl� and management failed to
take action; on January 31, 2001, she found a note written by her coworker
on her OSHA binder that said �Your Dead� and management failed to take
action; and on March 31, 2001, she was told by an Air Traffic Control
Specialist that the coworker had responded to a question on a monthly
refresher course to list three things or behaviors that he believed
would be an interference of ATC service, in a way that she believed was
referring to her, and management failed to take action. Complainant also
alleged that on February 1, 2001, the Operations Manager told her that she
would be shooting herself in the foot for any future promotion potential
she might have if she pursued her informal complaint further with the
Accountability Board; on March 31, 2001, the Air Traffic Manager told
the facility union representative about her EEO complaint without her
permission; and on April 25, 2001, she was mandated to attend a meeting
10 minutes prior to the end of her shift to discuss her �well being.�
After a careful review of the record in its entirety, including the
well documented investigative report, the agency's decision is hereby
AFFIRMED 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
August 15, 2002
__________________
Date