Erin E. Valentine, Complainant,v.John Ashcroft, Attorney General, Department of Justice, Agency.

Equal Employment Opportunity CommissionFeb 27, 2004
05A40372 (E.E.O.C. Feb. 27, 2004)

05A40372

02-27-2004

Erin E. Valentine, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.


Erin E. Valentine v. Department of Justice

05A40372

February 27, 2004

.

Erin E. Valentine,

Complainant,

v.

John Ashcroft,

Attorney General,

Department of Justice,

Agency.

Request No. 05A40372

Appeal No. 07A30098

Agency No. P-2002-0173

Hearing No. 260-A2-8150X

DENIAL OF REQUEST FOR RECONSIDERATION

The Department of Justice (agency) timely initiated a request to the

Equal Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Erin E. Valentine v. Department of Justice, EEOC Appeal

No. 07A30098 (December 10, 2003). 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).

After a review of the agency's request for reconsideration,

complainant's response thereto, 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. 12345678

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 (D0403)

The agency is ordered to offer complainant the position of Correction

Officer at a facility closest to her residence in Texas, or another

location to which complainant agrees, retroactive to February 12, 2002,

within 60 calendar days after this decision becomes final.

The agency is ordered to issue a check to complainant for the

appropriate amount of back pay and interest thereon, and provide

appropriate career-ladder and within-grade increases, seniority and

other benefits, less appropriate mitigation, under pertinent Office of

Personnel Management regulations and 29 C.F.R. � 1614.501, no later than

120 calendar days after this decision becomes final.<1> Complainant

is ORDERED to cooperate in the agency's efforts to compute the amount

of back pay, interest, and benefits due, and to provide all necessary

information the agency requests to help it comply. If complainant

declines to accept the offered position, back pay liability shall be

up to the effective start date the complainant is offered.

If there is a dispute regarding the exact amount of back pay

and/or benefits, the agency shall issue a check to complainant

for the undisputed amount within 60 calendar days of the date the

agency determines the amount it believes to be due. Complainant may

petition for enforcement or clarification of the amount in dispute.

The petition for clarification or enforcement must be filed with the

Compliance Officer at the address referenced in the statement entitled,

�Implementation of the Commission's Decision.�

The agency shall issue a check to complainant for $4,000 in compensatory

damages within 60 calendar days after this decision becomes final.

The agency shall expunge from complainant's official personnel file

and supervisory files documentation relating to her proposed removal

and forced resignation, and cancel her forced resignation.

The agency shall train the agency officials who still work for the

agency and were involved in the discriminatory action on disparate

treatment race and sex discrimination.<2> The instruction shall be

directed by a qualified trainer and be completed within 150 days after

this decision becomes final.

The agency shall consider taking disciplinary action against the

officials involved in the discrimination. If the agency decides to

take disciplinary action, it shall identify the action taken. If the

agency decides not to take disciplinary action, it shall set forth the

reason(s) for its decision toto impose discipline.

The agency is further directed to submit a report of its compliance, as

provided in the statement entitled, �Implementation of the Commission's

Decision.� The report shall include supporting documentation of the

agency's calculation of back pay and other benefits due complainant,

including evidence that the corrective action has been implemented.

POSTING ORDER (G0900)

The agency is ordered to post at its Bureau of Prisons, North Central

Region, Federal Correctional Institution, Oxford, Wisconsin facility

copies of the attached notice. Copies of the notice, after being

signed by the agency's duly authorized representative, shall be posted

by the agency within thirty (30) calendar days of the date this decision

becomes final, and shall remain posted for sixty (60) consecutive days,

in conspicuous places, including all places where notices to employees are

customarily posted. The agency shall take reasonable steps to ensure that

said notices are not altered, defaced, or covered by any other material.

The original signed notice is to be submitted to the Compliance Officer

at the address cited in the paragraph entitled "Implementation of the

Commission's Decision," within ten (10) calendar days of the expiration

of the posting period.

ATTORNEY'S FEES (H0900)

If complainant has been represented by an attorney (as defined by

29 C.F.R. � 1614.501(e)(1)(iii), he/she is entitled to an award of

reasonable attorney's fees incurred in the processing of the complaint.

29 C.F.R. � 1614.501(e). The award of attorney's fees shall be paid

by the agency. The attorney shall submit a verified statement of fees

to the agency -- not to the Equal Employment Opportunity Commission,

Office of Federal Operations -- within thirty (30) calendar days of this

decision becoming final. The agency shall then process the claim for

attorney's fees in accordance with 29 C.F.R. � 1614.501.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)

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)

(1994 & Supp. IV 1999). 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

February 27, 2004

__________________

Date

This Notice is posted pursuant to an Order by the United States Equal

Employment Opportunity Commission dated which found that

a violation of Title VII of the Civil Rights Act of 1964, as amended,

42 U.S.C. �2000e et seq., has occurred at this facility.

Federal law requires that there be no discrimination against any

employee or applicant for employment because of that person's RACE,

COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, or PHYSICAL or MENTAL

DISABILITY with respect to hiring, firing, promotion, compensation,

or other terms, conditions, or privileges of employment.

The Department of Justice, Bureau of Prisons, North Central Region,

Federal Correctional Institution, Oxford, Wisconsin, supports and

will comply with such Federal law and will not take action against

individuals because they have exercised their rights under law.

The Department of Justice, Bureau of Prisons, North Central Region,

Federal Correctional Institution, Oxford, Wisconsin, has been found to

have discriminated against the individual affected by the Commission's

finding. The Department of Justice, Bureau of Prisons, North Central

Region, Federal Correctional Institution, Oxford, Wisconsin, shall

reinstate the affected individual with back pay and benefits, and

shall pay the affected individual's proven compensatory damages.

The Department of Justice, Bureau of Prisons, North Central Region,

Federal Correctional Institution, Oxford, Wisconsin, will ensure that

officials responsible for personnel decisions and terms and conditions

of employment will abide by the requirements of all Federal equal

employment opportunity laws and will not retaliate against employees

who file EEO complaints.

The Department of Justice, Bureau of Prisons, North Central Region,

Federal Correctional Institution, Oxford, Wisconsin, will not in any

manner restrain, interfere, coerce, or retaliate against any individual

who exercises his or her right to oppose practices made unlawful by,

or who participates in proceedings pursuant to, Federal equal employment

opportunity law.

_________________________

Date Posted: ____________________

Posting Expires: _________________

29 C.F.R. Part 1614

1While the agency may require complainant to serve the balance of the

probationary period that was left after her resignation, she is still

entitled to the increases, benefits and seniority she would have received

but for the discrimination.

2It is noted that EEO training is not considered to be disciplinary

in nature.