04a30019
03-26-2004
Denise C. Douglas, Petitioner, v. Donald E. Powell, Chairman, Federal Deposit Insurance Corporation, Agency.
Denise C. Douglas v. Federal Deposit Insurance Corporation
04A30019
03-26-04
.
Denise C. Douglas,
Petitioner,
v.
Donald E. Powell,
Chairman,
Federal Deposit Insurance Corporation,
Agency.
Petition No. 04A30019
Request No. 05991039
Appeal No. 01985384
DECISION ON PETITION FOR ENFORCEMENT
The Commission has docketed the above-captioned matter to review
compliance with its decision in Denise C. Douglas v. Federal Deposit
Insurance Corporation, EEOC Request No. 05991039 (November 8, 1999),
affirming the remand of one issue for processing in accord with the
Commission's regulations. EEOC Appeal No. 01985384 (July 19, 1999).
This petition for enforcement is governed by the Commission's regulations,
29 C.F.R. � 1614.503. For the reasons that follow, we find that the
agency has complied with the Order.
In EEOC Appeal No. 01985384, petitioner appealed the agency's dismissal
of her complaint, wherein she alleged discrimination based on race
(black) when (a) her application for a position was not forwarded
for consideration; and (b) she was assigned work at a higher level.
The decision affirmed the agency's dismissal of issue (a) for untimely
EEO counselor contact and remanded issue (b) for processing, finding that
petitioner's claim was an ongoing event and, therefore, timely brought to
the attention of an EEO counselor. Petitioner sought reconsideration of
the decision with regard to issue (a); the decision on request agreed
with the agency's dismissal of this issue, finding that petitioner
should have suspected discrimination when she was informed that she
was not among those deemed "best qualified" and requested her scores.
In addition, because she raised new events in her request, petitioner
was directed to contact an EEO counselor within fifteen (15) days, if
she wished to pursue new issues. See Qatsha v. Department of the Navy,
EEOC Request No. 05970201 (January 16, 1998).
In her Petition for enforcement, petitioner sought instruction to the
agency to produce the Report of Investigation (ROI). In addition, she
contended that the agency had not shown "good cause" for the delays in
completing the investigation and requested that the Commission sanction
the agency. In response, the agency forwarded copies of correspondence
sent to petitioner and her attorney, including a letter, dated a few weeks
after the Petition, transmitting the ROI, consisting of four volumes.
The agency explained that delays in production of the ROI were due to
petitioner's addition of many new issues and the need for at least
one supplemental investigation. The agency's records show that the
Commission's Compliance Officer and Petitioner were kept aware of
agency's activity.
The agency's letter transmitting the ROI properly informed petitioner
of her right to request a hearing before an EEOC Administrative Judge
or to request an immediate final agency decision. The Commission has
received no further communication from petitioner. Since the agency's
compliance has been accomplished, and the reasons for delay have been
explained, we find that the agency has complied with our order.
CONCLUSION
Based upon a review of the record and submissions by petitioner and
the agency, the Commission finds that the agency has complied with the
Order in Denise C. Douglas v. Federal Deposit Insurance Corporation,
EEOC Request No. 05991039 (November 8, 1999).
STATEMENT OF PETITIONER'S RIGHTS - ON PETITION FOR ENFORCEMENT
PETITIONER'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 Hadden, Director
Office of Federal Operations
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Date