Document 13-4
Filed 12/17/2007
Page 1 of 6
LLPARTMENT OF VETERANS AFF, ..,
Arrolene Burrell
1
Complainant
v. Secretary Department of Veterans Affairs 810 Vermont Avenue, NW Washington, DC 20420 Respondent Facility: VA Central California Health Care System
Case No. 200P-0570-2004104331 and 200P-0570-2005101188
1
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The claim accepted for investigation is:
Claim # Whether the complainant was subjected t o discrimination o n the I : basis o f race (Black African American), when she became aware o n September 3 and 9, 2004 that management changed her title and series disallowing her from performing supervisorylnon-supervisory social work duties.
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Claim #2: Whether the complainant was subjected t o discrimination o n the basis of race (Black African American) or reprisal when n o t selected o n December 30, 2004 for the position o f Chief, Social Work Service, GS-0185-13, announcement number 04-42.
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Claim #3: Whether the complainant was subjected t o discrimination o n the basis of race (Black - African American) or reprisal when presented with a fully successful rating on December 20, 2004.
Case 3:07-cv-04893-JSW
Document 13-4
Filed 12/17/2007
Page 2 of 6
Management Affidavit for Case 200P-057
34104331 and 200P-0570-2005101188 Page 2
Claim #4: Whether the complainant was subjected to discrimination on the basis of race (Black - African American) or reprisal when informed on January 20, 2005 of a reassignment under the supervision of Chief, Social Work Service effective February 7, 2005.
I, Roberta Rosenthal, solemnly swear/affinn that the information given in response to the following questions is true and complete to the best of my knowledge and belief,
1. Please provide your name, position title, place of employment and how long you have held this position. Roberta Rosentltal, LCSW, Clrief of Social Work, San Francisco VA. I have Iteld tltis position for seven years.
2. Please identify: Whether you have had any prior EEO activity. No prior activity as a complainant, prior RMO activity, no prior EEO activity involving current complainant. Your Race: Caucasian
3. Please explain your supervisory relationship to the complainant at the time of the allegation in this complaint. No supervisory relationship, we worked in different facilities.
4. The complainant has alleged discrimination based on: Race: (Black (African American)); Retaliation: (Prior EEO Activity). Were any of these factors a basis for any of your decisions or actions regarding the selection process for the position of Chief, Social Work Service? (Please provide an explanation regarding any of these of which you may have not had knowledge, if applicable).
None of tlzese werefactors, and I Izad no knowledge of complainant ltaving any prior EEO activity.
5. Regarding the allegation that the agency's reason is untrue, and that the action was based on illegal discrimination, the complainant testified that the reason is pretextual for the following reasons: 1) The selectee did not have any prior VA experience, 2) Complainant stated that her qualifications were superior to that of the selectee:
Prior VA Experience Did the selectee have prior VA experience? If not, please explain why the complainant's prior VA experience was not given greater weight in the selection process.
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Affiant's Initials
(please initial each page)
Case 3:07-cv-04893-JSW
Document 13-4
Filed 12/17/2007
Page 3 of 6
Management Affidavit for Case 200P-057'
'041 04331 and 200P-0570-2005101188 Page 3
I don't recall if tlre selectee did not have prior VA experience, the selectee did have experience working with veterans. It is also sometimes helpful to bring in individuals from outside tlre VA, as they can bring a new way of looking at tlr ings.
Qualifications Did the complainant have superior qualifications? If not, please explain what qualifications of the selectee were considered better than the complainant, and why the complainant's qualifications were not given greater weight in the selection process. I don't think her qualcjkations were superior. All of the applicants were rated as qualified, and their qualifications were equally impressive as the complainant. TI1e selectee has a Plt. D., and was exceptionally qualified
6. Please explain any additional relevant background information, or the chronology of events leading up to this complaint. (If you had no involvement or knowledge of these events please explain) The facility wanted a Chief of Social Work from another facility on the selection committee, so I was selected. 7. Please cite any VA regulations, policies, or guidelines that were relied upon in making the determination in regards the claims of this complaint. BE SPECIFIC Additionally, provide copies to your EEO Program Manager for submission of any local policies, memorandums of understanding, etc.
All policies, regulations, and guidelines were followed in tlze selection for this position. We utilized standardized performance based interview questions.
8. State whether you were aware that the complainant had engaged in prior EEO activity during the time of the events of this complaint Tlze first time I became aware of complainant's EEO activity was wlzen called by tlze investigatorfor tlze present complaint.
9. If you were involved in any of the complainant's prior EEO complaints, please state the date of the incident, and your role in the complaint. Please provide a case number if it is available to you. I had no involvement. 10. Complainant believes that the adverse action in this complaint was taken in reprisal for prior EEO activity, by persons involved or aware of their past EEO complaints, and within a proximity of time. Please state whether there was any connection, or reprisal against complainant for any prior EEO activity
p4, pd
Affiant's Initials
(please initial each page)
Case 3:07-cv-04893-JSW
Management Affidavit for Case 200P-057
Document 13-4
Filed 12/17/2007
34104331 and 200P-0570-2005101188 Page 4
Page 4 of 6
There is no connectioiz between tlte complainant's prior EEO activity and lrer nun-selection at issue iiz tlzis complaint. Her EEO activity was not discussed by any of tlt e panel members.
11. State whether there was a vacancy for the position in question in this complaint. Tlzere was a vacancyfor tlre position. 12. State whether the complainant applied for this position of Service Chief. Complainant appliedfor tlt e positioiz. 13.State whether the complainant was qualified for the position. If not, please explain specifically why slhe was not qualified. Complainant was rated as qualifiedfor tlre positioiz. 14. State whether the complainant was selectedlnon-selected for this position. Tlze complainant was not selected for tlze position. 15.State whether or not this position was filled. Tlze position wasfilled If yes, who was selected? Please identify the selectee's Race , and state whether you were aware of this at the time of the selection. Tlze selectee was Dr. Carolyn Hugltes (Caucasian). I was aware of Dr. Huglzes race as I met lter personally during lrer interview. If the position was not filled, please explain.
16. Please identify your role in the selection process for this position.
I was on tlre interview panel tltat rated all of tlte applicants witlz scores that were referred to tlze selecting official. One of tlze referred applicants was interviewed by phone, so we were not aware of tlzat applicant's race.
17.Were interviews conducted? Interviews were conducted for the position. 18.Previous testimony in this case suggested that the complainant was not one of the three finalists referred to the selecting official. Please state whether this is correct. Complainant was not among tlre top tlzree scored applicants. 19.Why was the complainant not selected, or not referred for this position? Please provide specific and concrete reasons ('better qualified' or 'best qualified' responses must be qualified.. . explain WHY the complainant was not as well qualified; or explain WHY the complainant's response to an interview question was not as good as those selected or referred for interviews.)
n&f~Affiant's Initials
(please initial each page)
Case 3:07-cv-04893-JSW
Document 13-4 Management Affidavit for Case Filed 12/17/2007 and Page 5 of 6 200P-057 '9041 04331 200P-0570-2005101188 Page 5
We did not make !lie decision to non-select tlte conzplainant, but tlte reasons slie was not rated higlier is summarized in tlte following question.
20.The interview notes for the position reflected that the complainant had the following weaknesses: "Answered to questions appeared weak for one who has held this position. At times appeared to struggle to find an answer. Used the same example for several of the questions. Weak answers concerning involvement with community agencies. Based on my prior knowledge, answers about her involvement in homeless activities seemed inflated'. If these are your notes, please explain how you based these conclusions. If they are not from your notes, please explain if they are consistent with your findings (submit your notes through your EEO Manager, if available).
These are notes tlrat I prepared In general, I believe someone at this level would Itave more compreliensive information off tlte top of lier Iread. She usedfor several of her answers tlte example of a facility tliat we liad to close down, and I would expect that when I interview people for a ltigli position, tltey can come up witlt several different examples. As the VISN ltomeless coordinator, my knowledge of specific situations and lzer answers were not consistent with my impression of her accomplishments.
21. Complainant believes that her non-selection in this case was influenced by Director Al Perry. Please state whether Mr. Perry had any involvement or influence in the selection process. I had no con versation witli Mr. Perry about tlie selectiorz. No one told me tltnt Mr. Perry had any input or opinion on tlt e selection. 22. Complainant stated that she was advised by the Chief of Staff that he would be talking to the supervisors of the individual candidates. Please explain whether you spoke with the supervisors of all applicants, just those referred to the selecting official, or none of the supervisors at all. I did not speak with any of the supervisors. I believe tlzat tltey were going to just speak to tlte scrpervisors of tlze top tltree applicants, wltick did not involve tlt e complainant. 23. Please provide any additional information you feel would provide a better understanding of the circumstances involved in this complaint I am not aware of any otlzer irzformation at tltis time.
Affiant's Initials
(please initial each page)
Case 3:07-cv-04893-JSW
Document 13-4
Filed 12/17/2007
Page 6 of 6
Management Affidavit for Case 200P-05
304104331 and 200P-0570-2005101188 Page 6
In the event I may have omitted questions you feel are pertinent to this complaint, add any information andlor documentation relevant to the issues of this complaint.
The above information has furnished without a pledge of confidence and I understand that it may be shown to the interested parties of this complaint. This statement is made under penalty of perjury, this 7;%ay of T
d
\ y , 2005.
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Roberta ~bsenthal (sign
Affiant's Initials
(please initial each page)
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