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MATOS v. HOVE

September 25, 1996

SONIA M. MATOS, Plaintiff, against ANDREW C. HOVE, JR., CHAIRMAN OF THE BOARD OF DIRECTORS OF THE FEDERAL DEPOSIT INSURANCE CORPORATION, AND THE FEDERAL DEPOSIT INSURANCE CORPORATION, Defendants.


The opinion of the court was delivered by: SPRIZZO

 SPRIZZO, D.J.:

 Pursuant to Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e) et seq., 42 U.S.C. § 1981, and common law, plaintiff Sonia M. Matos brings the instant action against Andrew C. Hove, Jr., Chairman of the Board of Directors of the Federal Deposit Insurance Corporation, and the Federal Deposit Insurance Corporation ("FDIC") (together "defendants"), alleging that the FDIC terminated Matos from her position as a Grade-11 Civil Rights/Consumer Affairs Assistant on the basis of her race and/or color and/or national origin. Pursuant to Federal Rule of Civil Procedure 56(c), defendants move for summary judgment. For the reasons that follow, defendants' motion is granted.

 BACKGROUND

 On January 18, 1994, Matos contacted Venessa Villalba, an Equal Employment Opportunity ("EEO") Counselor with the FDIC, to discuss her concerns that the FDIC had discriminated against her. See Defendant's Notice of Motion for Summary Judgment dated September 8, 1995 ("Def.'s Mot. Summ. J."), Exh. A. On February 1, 1994, Matos's complaint was assigned to EEO Counselor Juanita Pinkston. Id. On February 15, 1994, Pinkston discussed Matos's complaint with Matos and her attorney via a telephone conference. Id.

 On February 17, 1994, pursuant to Pinkston's request, Matos's attorney provided Pinkston with a letter outlining Matos's allegations of discrimination. See Def.'s Mot. Summ. J., Exh. I. In this letter, Matos claimed that she was the only Civil Rights/Consumer Affairs Assistant required to fill out a daily work log, and that the FDIC denied scheduled salary increases to her and terminated her because of previous grievance complaints she had made. Id.

 On March 7, 1994, Pinkston discussed Matos's complaint with Matos's previous supervisor, Deirdre Foley, and the FDIC's Assistant Regional Director of Compliance, Jack Hauprich, via another telephone conference. See Def.'s Mot. Summ. J., Exh. A. Pinkston suggested that Matos's complaint could be resolved if the FDIC would reinstate Matos with backpay. Id. Foley and Hauprich refused to reinstate Matos, claiming that only nondiscriminatory, job-related criteria and objective FDIC policies were used to evaluate her work and determine her eligibility for termination. Id.

 On March 10, 1994, Pinkston notified Matos's attorney that Matos could file a formal complaint with the FDIC's Office of Equal Opportunity ("OEO"). Id.

 On March 22, 1994, Matos timely filed a formal administrative complaint with the FDIC alleging that it had discriminated against her by its misapplication of its rules and/or regulations governing sick leave benefits, annual leave benefits, medical leave benefits, emergency leave benefits, AWOL disciplinary actions, evaluation of employee performance, and discharge. See Def.'s Mot. Summ. J., Exh. B. Matos indicated that these actions occurred from

 
on or about 1989 through to the date of discharge; or such time frame that was used by the FDIC to support the action to discharge [her] for unsatisfactory performance, and to otherwise discipline [her] by restricting sick leave, annual leave, emergency leave, leave without pay, salary increases; and, such time frame that was used by the FDIC to impose other work restrictions, or other disciplinary actions, including letters of counseling, letters of reprimand, AWOL and suspensions.

 Id.

 On May 12, 1994, FDIC Complaints Adjudication Manager, Peggy Jo Coates, requested that Matos's attorney specifically identify the alleged instances of discriminatory actions taken against Matos so that the OEO could determine the timeliness of and the issues involved in her complaint. See Def.'s Mot. Summ. J., Exh. C. Coates indicated that failure to comply with this request would result in dismissal of Matos's administrative complaint for failure to prosecute. Id.

 On June 9, 1994, Matos's attorney responded that the administrative complaint was sufficient as drafted, but indicated that if the FDIC was unwilling to investigate Matos's complaint, he would detail all instances of alleged discriminatory conduct if the FDIC forwarded Matos's entire personnel file and all applicable FDIC personnel rules to him. See ...


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