04A10031
07-27-2001
Joyce A. Roy, Petitioner, v. Gale A. Norton, Secretary, Department of the Interior, Agency.
Joyce A. Roy v. Department of the Interior
04A10031
07-27-01
.
Joyce A. Roy,
Petitioner,
v.
Gale A. Norton,
Secretary,
Department of the Interior,
Agency.
Petition No. 04A10031
Appeal No. 01971341
Agency No. BIA-95-012
DENIAL OF PETITION FOR ENFORCEMENT
Joyce A. Roy (the petitioner) filed a Petition for Enforcement with
the Equal Employment Opportunity Commission (the Commission) requesting
enforcement of the order for remedial relief set forth in Joyce A. Roy
v. Bruce Babbitt, Secretary, Department of the Interior, EEOC Appeal
No. 01971341 (October 27, 1999). This petition for enforcement is
accepted by the Commission pursuant to 29 C.F.R. � 1614.503.
ISSUE PRESENTED
The issue presented in this petition is whether the agency has complied
with the Commission's Order in EEOC Appeal No. 01971341.
BACKGROUND
In EEOC Appeal No. 01971341 (October 27, 1999), the Commission, after
finding that the petitioner had established discrimination with regard
to certain incidents set forth in her formal EEO complainant, directed
the agency, among other things, to:
conduct a supplemental investigation to determine whether appellant is
entitled to compensatory damages for the harassment she experienced
between December 1992 and March 16, 1994. The agency shall allow
appellant to present evidence in support of her compensatory
damages claim. Appellant shall cooperate with the agency in
this regard. Thereafter, the agency shall issue a final decision.
29 C.F.R. � 1614.110. The supplemental investigation and issuance of the
final decision must be completed within sixty (60) calendar days of the
date this decision becomes final. A copy of the final decision must be
submitted to the Compliance Officer, as referenced below.
On February 7, 2001, B-1, petitioner's attorney, wrote the Commission and
requested assistance in getting the agency to issue a determination on
the compensatory damages issue.<1> According to B-1, petitioner furnished
information to the agency, on August 14, 2000, that detailed the damages
that she suffered as a result of the harassment. B-1 maintained that,
in the intervening six months, the agency took no action regarding
petitioner's claim. On March 8, 2001, the Commission docketed B-1's
February 7, 2001 letter as a Petition For Enforcement.
According to the agency, petitioner was offered the opportunity to
submit documentation to support her claim for compensatory damages on
December 27, 1999 and February 20, 2000. B-1 requested extensions on two
occasions, one until April 21, 2000, and the second until July 31, 2000.
Upon receipt of complainant's documentation, the agency contacted the
Department of Health and Human Services for a medical evaluation on
September 5, 2000. The response to the agency's request for a medical
evaluation was received on November 16, 2000. On March 13, 2001,
the agency issued a final decision. Although complainant maintained
that she was entitled to $95,000.00, the agency's final decision only
awarded her $25,000.00. The Commission's records do not indicate that
complainant ever filed an appeal of the agency's final decision.
ANALYSIS AND FINDINGS
The Commission's regulations provide that an aggrieved person may petition
the Commission for enforcement of a decision issued under Commission's
appellate jurisdiction. 29 C.F.R. � 1614.503(a). At issue is whether
the agency has fully complied with the Commission's prior order. We find
that the agency, albeit not within the stated time frame, complied with
our order in EEOC Appeal No. 01971341. A supplemental investigation
was conducted and a new decision was issued.
Notwithstanding our determination above, we find that there is a
possibility that petitioner may have mistakenly concluded that this
petition for enforcement was an instrument by which she could appeal
the agency's final decision regarding her compensatory damage claim.
We note in this regard that within a few days of petitioner receiving
notice that the Commission had docketed a petition for enforcement,
the agency issued its final decision. Therefore, it is reasonable
to assume that petitioner may have felt that no further action on her
part was required. Accordingly, if petitioner files an appeal from the
agency's March 13, 2001 decision within twenty (20) calendar days of
her receipt of this decision, we shall deem the appeal as being timely
filed pursuant to 29 C.F.R. � 1614.604(c).
CONCLUSION
Based upon a review of the record and the submissions of the parties,
and for the foregoing reasons, the Commission denies the petition
for enforcement. The Commission finds that the agency has now fully
complied with the Commission's order.
STATEMENT OF PETITIONER'S RIGHTS - ON PETITION FOR ENFORCEMENT
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
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. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
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
_____07-27-01_________________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to petitioner, petitioner's representative
(if applicable), and the agency on:
______________________________
Date
______________________________
1The agency, in its compliance report, indicated that, with the exception
of providing training to the responsible management official (RO),
all other actions that the Commission ordered had been accomplished.
According to the agency, the RO retired on August 6, 1997. Because the
petitioner has not alleged that the agency did not comply with the other
actions contained in the Commission's order, the decision herein will
be limited to the compensatory damages issue.