05A10286
05-02-2001
Colleen Darrell, Complainant, v. Robert B. Pirie, Jr., Acting Secretary, Department of the Navy, Agency.
Colleen Darrell v. Department of the Navy
05A10286
May 2, 2001
.
Colleen Darrell,
Complainant,
v.
Robert B. Pirie, Jr.,
Acting Secretary,
Department of the Navy,
Agency.
Request No. 05A10286
Appeal No. 01992288
Agency No. 93-62381-006
Hearing No. 170-95-8063X
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Colleen
Darrell v. Department of the Navy, EEOC Appeal No. 01992288 (January
19, 2001). EEOC Regulations provide that the Commission may, in
its discretion, reconsider any previous Commission decision where the
requesting party demonstrates 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. See 29 C.F.R. � 1614.405(b).
At issue in EEOC Appeal No. 01992288 was complainant's entitlement
to compensatory damages. The Commission found that complainant was
entitled to $20,000.00 in non-pecuniary damages. In her request
for reconsideration, complainant argues that the non-pecuniary damage
award was insufficient to compensate her for her pain and suffering and
that the award was inconsistent with the Commission's awards in other
comparable cases. Complainant also contends that she was entitled to
an unspecified amount of pecuniary damages.
Concerning her claim that the amount of the non-pecuniary damage
award was insufficient, complainant has not presented any evidence or
argument that was not previously considered by the Commission when we
made our determination. The Commission is not persuaded by complainant's
contentions that her pain and suffering were more comparable to the pain
and suffering endured by complainants who were awarded $100,000.00 in
non-pecuniary damages.
Concerning her claim for pecuniary damages, through her attorney,
complainant has claimed out-of-pocket monetary expenses for treatment
and medication. This claim was presented in a letter from complainant's
counsel to the Commission while the claim was pending on appeal.
There was no explanation from complainant as to why she was raising
these expenses for the first time on appeal. Furthermore, the evidence
consisted of: a statement from complainant's therapist regarding the
amount of money paid by complainant over an unspecified amount of time;
an active patient ledger with no explanation for what it purported to
represent; and a prescription profile. Even if complainant could have
established that this evidence should have been considered on appeal
because it was not reasonably available during the hearing process,
the absence of receipts and verified records of amounts paid and
amounts reimbursed defeats her claim for pecuniary damages. See Vereb
v. Department of Justice, EEOC Appeal No. 01990136 (June 9, 1999).
After a review of the complainant's request for reconsideration, the
previous decision, and the entire record, the Commission finds that the
request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it
is the decision of the Commission to deny the request. The decision
in EEOC Appeal No. 01992288 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration.
ORDER
1. Within thirty calendar days of the date this decision becomes final
and to the extent it has not already done so, the agency shall pay
complainant a total of $20,000.00 in non-pecuniary damages.
2. The agency shall issue a final decision concerning complainant's
entitlement to attorney fees with appropriate appeal rights to the
Commission within thirty days from the date this decision becomes final.
29 C.F.R. � 1614.501(e).
3. The agency is further directed to submit a report of compliance, as
provided in the statement entitled "Implementation of the Commission's
Decision." The report shall include supporting documentation verifying
that the foregoing corrective actions have been implemented.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0900)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement of
the order. 29 C.F.R. � 1614.503(a). The complainant also has the right
to file a civil action to enforce compliance with the Commission's order
prior to or following an administrative petition for enforcement. See 29
C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g). Alternatively,
the complainant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled "Right to File
A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action
for enforcement or a civil action on the underlying complaint is subject
to the deadline stated in 42 U.S.C. � 2000e-16(c)(Supp. V 1993). If the
complainant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. � 1614.409.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. 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.
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
May 2, 2001
__________________
Date