01A22537_r
08-13-2002
Neal R. Price, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Neal R. Price v. Department of Justice
01A22537
August 13, 2002
.
Neal R. Price,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Appeal No. 01A22537
Agency No. P-2001-0060
DECISION
The Commission finds that the agency's February 19, 2002 decision
dismissing complainant's complaint was proper. Complainant alleges
that he was discriminated against on the bases race and sex when he
had to endure open racial discrimination by his supervisors, the EEO
Program and the Affirmative Action Program. The agency dismissed
complainant's complaint for failure to state a claim pursuant to 29
C.F.R. � 1614.107(a)(1), and for failure to cooperate pursuant to 29
C.F.R. � 1614.107(a)(7).
The record indicates that, by letter dated July 5, 2001, the agency
contacted complainant and requested more information regarding his
complaint. Specifically, the agency requested a precise statement of
complainant's claims as well as the dates that the events occurred.
According to the agency, complainant responded with a verbatim copy of
his original complaint. We find that complainant has failed to show
harm to a term, condition or privilege of employment. Complainant, in
his complaint, argues that the agency discriminated against �certain
minority and ethic groups [which] effect . . . jobs and promotional and
training opportunities, relating to career advancement, quality step
increases for pay purposes, and potential promotional opportunities.�
However, complainant fails to indicate any specific jobs or promotional
and training opportunities, advancements, or quality step increase that
he has been denied, despite the agency's request for such information.
Therefore, we find that complainant's complaint was properly dismissed
for failure to state a claim. Since the complaint was properly dismissed
for the above cited reason, it is not necessary to make a determination
on whether complainant's complaint was properly dismissed on alternative
grounds.
The agency's decision dismissing complainant's complaint is AFFIRMED.
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 13, 2002
__________________
Date