Free Statement - District Court of Arizona - Arizona

EXHIBIT 5
Case 2:O3—cv—O2300—ROS Document 93-14 Filed 05/30/éOO6 Page10f4

I l DEPARTMENT OF VETERANS FAIRS
. _i Office of Resolution Management ·
ig; ` 11301 Wilshire Boulevard
. - · Bldg. 200, 2nd Floor · ' “
Los Angeles, California 90073
_ Via Certified Return Receipt & Regular Mail . ‘
» January 5, 2001
C i ta In Reply Refer To: 08H
Martha E. Slaughter-Payne ` `
15849 W. Durango St. ‘ _,
Goodyear, Arizona 85338 . ‘ .
Subj: Acceptance Letter - EEO Complaint Case Number 200P—2674 I i
U . Dear Complainant: P
1. The purpose of this letter is to advise you of the acceptance of your complaint of
discrimination filed on December 28, 2000, against officials of VA Medical Center Phoenix.
,2. Your formal complaint raises a claim that based on reprisal for prior EEO activity,
management failed to select you for another position- In $uPP°*'t 9f that claim, YOU have
r identified the following event(s): V
_ (A) Claim — Non-se1e¢¢io¤= r y
On November 30, 2000, you became aware that management failed to select you for the
position of Computer Specialist, GS-334-5/7/9, under OC34/PVA #2000-279Bl.
3. We have determined that your claim meets procedural requirements, and is therefore
ACCEPTED for further processing. The precise claim accepted for investigation is as follows:
A 01) Whether on the basis of reprisal, management failed to select you for the position of
Computer Specialisn under OC34/P VA #2000-2 79B1.
4. Your accepted claim will be assigned to an impartial, investigator under the supervision of the
Office of Resolution Management (ORM), who will investigate your complaint. The investigator
.will contact you directly in order to obtain information or evidence you may wish to offer. The
agency is required to investigate your complaint- in a timely manner. The investigation must be
_ completed within 180 days of the filing of your complaint. You will be provided with a copy of
the investigative file upon completion and you will be advised, in writing at that time, of your
right to request a Final Agency Decision (FAD) from the Office of Employment Discrimination
Complaint Adjudication (OEDCA), or a hearing by an administrative judge appointed by the
Equal Employment Opportunity Commission (EEOC). —
5. If the investigation has not been completed within the 180-day time limit, applicable
regulations permit the agency and the complainant to agree in writing to extend the investigative
- periodvfor not more than 90 days. ORM will make every good faith effort to complete the .
investigation within the prescribed period. However, where workload demands make it
Y . - A i 0 if 0 Exmaur 5
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` V impossible to complete a timely investigation, we will work with you to seek mutual agreement to
I - extend the period so that the investigation might be completed before you seek an EEOC hearing
‘ or a final agency decision from OEDCA.
i ` 6. If you do not receive a copy of theinvestigative file within 180-calendar days of the date you F
Bled your formal complaint of discrimination, you have the right to request EEOC to appoint an
administrative judge to conduct a hearing on your complaint without waiting further. You may
A not, however, request a hearing before the 1815* day, unless you receive the investigative file-
‘ sooner. Any request for EEOC to appoint an administrativejudge to hear your complaint should
be addressed to the District Office of EEOC. A request for a hearing should be addressed to:
. District Director ·
U.S. Equal Employment Opportunity Commksion `
3300 N. Central, Suite 690 . __
Phoenix, Arizona 85012 . ~
A copy of your request for a hearing to EEOC must be sent to this office at the following address:
Department of Veterans Affairs p
` Office of Resolution Management .
‘ 11301 Wilshire Blvd., Bldg. 200, 2**** Floor
Los Angeles, CA 90073
T » Attn: Debra M. Jones, Intake Specialist F U
Q You are required to certify to the EEOC Administrative Judge that you sent a copy of the request
" for a hearing to the Office of Resolution Management at the above address. A copy of a “Hearing
Request Forrn" is enclosed to assist you in requesting a hearing.
`C A 7. If you request a FAD, it will be rendered by VA’s Office of Employment Discrimination
Complaints Adjudication (OEDCA), in Washington, DC. The FAD_ will address all claims and a
finding will be made on the merits of your complaint. At that time you may appeal the FAD to
EEOC if` you are dissatisfied with the decision. OEDCA will provide you with specific T
A information regarding your appeal rights following its final agency decision, to include your right
to file a civil action in an appropriate United States district court. A request for a final agency
decision without a hearing should be addressed to the above ORM office address. Your request
for a FAD will be immediately transmitted to OEDCA, along with a copy of the investigative file,
and our request that OEDCA render a final decision on your complaint.
8. If you have not received a copy of the investigative file within 180-calendar days of the date
you filed your formal complaint and you do not wish to have a hearing, you also have the right to
tile a civil action in an appropriate United State§”district court. If you file a civil action, the court
may, at its discretion and upon your request, appoint an attomey to represent you in the matter, if
you do not have or cannot afford the services of an attomey. The court may also authorize
v . commencement of the civil action without payment of fees, costs, or other security. Finally, if
you decide to file a civil action, you must name Togo West, Jr., as the defendant. Mr. West’s
official title is Secretary of Veterans Affairs.
Case 2:03—cv—02300-ROS Document 93-14 Filed 05/30/2006 Page 3 of 4

i V ’ f ° · A A A A ,
A 9. You must keep this office advised of any change of address. Failure to do so could lead to
dismissal of your complaint. You must also immediately advise this office, in writing, of the
- name, address, and telephone number of any representative you may designate to represent you in A
this matter. if you advise us of representation, copies of all subsequent actions on your complaint
A` will be _mailed or delivered to your representative with copies to you, unless you advise us in
writing that you are no longer represented by that individual. _ __
10. If you believe that the accepted claim(s) is/are improperly formulated, incomplete, or _
_ _ ( incorrect, you have the opportunity to notify this office within 7-calendar days, in writing or by ‘
‘ fax, to state your disagreement. lf you do not contact this officewithin 7-calendar days, it will be
` assumed that the olaim(s) is/are correctly stated. · »
ll. A goal of the EEO process is to achieve a mutual resolution of complaints of discrimination.
Resolution may occurat any stage and we encourage the parties involved to explore resolution or ._ A
to utilize the Altemative Dispute Resolution (ADR) process. Should you desire to utilize the · A
ADR process, my staff will be available to assist you. g
I2. If you have any questions conceming the processing of your complaint, please contact Debra
Jones, EEO Intake Specialist, at (310) 268-3 651 or by fax (31 I .8-4089.
, S` = Y, A
r
_. A I ENNIS P. CALLAHAN
f Regional EEO Officer
Enclosure: Hearing Request Form
Cc: Facility Director .
i
O A ‘ A
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