05990849
02-08-2002
Joe Brown, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Joe Brown v. Department of the Navy
05990849, 05990854
February 8, 2002
.
Joe Brown,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Request Nos. 05990849, 05990854
Appeal Nos. 01973566, 01990132
Agency Nos. 94-63139-001; 95-63139-001; 98-63139-003
Hearing Nos. 370-96-X2156; 370-96-X5157
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated requests to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decisions in Joe Brown
v. Department of the Navy, EEOC Appeal Nos. 01973566 and 01990132 (both
decided on May 28, 1999). 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).
The Commission will exercise its discretion, pursuant to 29 C.F.R. �
1614.606, to consolidate and address both complainant's requests for
reconsideration, identified above.
After a review of the complainant's requests for reconsideration, the
previous decisions, and the entire record, the Commission finds that the
requests fail to meet the criteria of 29 C.F.R. � 1614.405(b), and it
is the decision of the Commission to deny the requests. The decisions
in EEOC Appeal Nos. 01973566 and 01990132 remain the Commission's final
decisions. There is no further right of administrative appeal on the
decisions of the Commission on these requests for reconsideration.
ORDER
The agency is ORDERED to take the following remedial action:
To the extent complainant has not been awarded attorney's fees in the
amount of $6,416.50 pursuant to AJ2's order dated March 27, 1997, the
agency shall, within thirty (30) days of the date of this decision,
pay the above stated amount to complainant.
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 that the
agency paid the complainant the attorney's fees due based on AJ2's order.
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 8, 2002
__________________
Date