0120103718
02-10-2012
Shiri A. Ndang, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.
Shiri A. Ndang,
Complainant,
v.
Michael J. Astrue,
Commissioner,
Social Security Administration,
Agency.
Appeal No. 0120103718
Agency No. DAL-09-0839-SSA
DECISION
Complainant appeals to the Commission from the Agency’s final decision
dated July 16, 2010, finding no discrimination.1 For the following
reasons, we AFFIRM the Agency’s final decision.
BACKGROUND
In her complaint, filed on December 7, 2009, Complainant, an Attorney
Adviser, GS-13, at the Agency’s Dallas Regional Office, Office of
Disability Adjudication and Review, Dallas, Texas, alleged discrimination
based on national origin (Cameroonian) and in reprisal for prior EEO
activity when she was denied training and development opportunities
since September 2, 2008, including the denial to become a member of the
2009 AFGE Negotiations Team on August 18, 2009. After completion of the
investigation of the complaint, Complainant did not request a hearing
in a timely manner. Thus, the Agency issued its final Agency decision
concluding that it asserted legitimate, nondiscriminatory reasons for
its actions, which Complainant failed to rebut.
ANALYSIS AND FINDINGS
Assuming arguendo that Complainant had established a prima facie case
of discrimination, we find that the Agency has articulated legitimate,
nondiscriminatory reasons for the alleged incidents. Complainant’s
third-line supervisor, Regional Chief Administrative Law Judge (RCALJ),
stated that her office always had budgetary concerns and Complainant,
along with other Regional office employees, were considered when decisions
were made about training. The RCALJ indicated that Complainant attended
the Annual Labor and Employee Conference from June 21 to 26, 2009, and
also attended the Labor Relations/Employee Relations (LR/ER) Training
Conference from August 24 to 28, 2009. Report of Investigation (ROI),
Exhibit (Ex.) 7. Complainant’s first-line supervisor, Regional
Attorney (RA), stated that after reviewing the training covered at
the June 2009 Conference described above, and the August 2009 Basic ER
Training, the RCALJ decided the trainings were very similar and decided
that Complainant would not attend the latter one. ROI, Ex. 9. The RA
indicated that the RCALJ decided to send someone other than Complainant
to the August 2009 Basic ER training since that person had not attended
the June 2009 training. Id.
With regard to the August 18, 2009 denial, the RCALJ stated that she
believed that it was critical that the employees selected for the 2009
AFGE Negotiations Team have hearing office experience since they would
be negotiating the contract which would have a significant impact on how
employees performed their jobs and how managers supervised those employees
in hearing offices. Complainant does not dispute the fact that she did
not have actual hearing office experience at the relevant time period.
After a review of the record, we agree with the Agency that Complainant
failed to identify any similarly situated individuals outside of her
protected classes who were treated more favorably than Complainant.
Based on the foregoing, we find that Complainant has failed to show that
the Agency’s actions were motivated by discrimination as she alleged.
CONCLUSION
The Agency’s final decision finding no discrimination is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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
77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
2/10/12
__________________
Date
1 Despite the Agency’s contentions, our records indicate that
Complainant timely filed her appeal on August 15, 2010, after her receipt
of the final Agency decision on July 16, 2010.
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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