Lorina D. Goodwin, Complainant,v.Lawrence J. Delaney, Acting Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionApr 1, 2001
05A10106 (E.E.O.C. Apr. 1, 2001)

05A10106

04-01-2001

Lorina D. Goodwin, Complainant, v. Lawrence J. Delaney, Acting Secretary, Department of the Air Force, Agency.


Lorina D. Goodwin v. Department of the Air Force

05A10106

04-01-01

.

Lorina D. Goodwin,

Complainant,

v.

Lawrence J. Delaney,

Acting Secretary,

Department of the Air Force,

Agency.

Request No. 05A10106

Appeal Nos. 01991301 & 01A01796

Agency Nos. SAC-97-AF-0259-E, SAC-97-AF-0260-E & SAC-97-AF-0261-E

Hearing Nos. 380-98-8027X, 380-98-8028X & 380-98-8029X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Lorina

D. Goodwin v. F. Whitten Peters, Secretary, Department of the Air Force,

EEOC Appeal Nos. 01991301 01A01796 (October 18, 2000). 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 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 Nos. 01991301 and 01A01796 remains the Commission's

final decision. To the extent that it has not already done so, the

agency is directed to comply with the order for relief set forth in the

previous decision, as reproduced below.<1> There is no further right of

administrative appeal on the decision of the Commission on this request

for reconsideration.

ORDER (D0900)

Unless it has already done so, the agency is ordered to take the following

remedial action:

Reimburse complainant for any annual and sick leave that complainant

had to take as a result of the five incidents comprising the claim upon

which she prevailed.

Provide 16 hours of training to the supervisor identified by complainant

as being responsible for the acts of sexual harassment that comprised

her claim. This training shall cover the rights and responsibilities

of employers and employees under the Title VII of the Civil Rights Act

of 1964, particularly with regard to the prevention of sexual harassment

in the workplace. If this individual is no longer employed, the agency

shall provide documentation of his departure to the Compliance Officer.

The complainant may petition for enforcement or clarification of this

order. 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 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 of the

agency's calculation of backpay and other benefits due complainant,

including evidence that the corrective action has been implemented.

POSTING ORDER (G0900)

The agency is ordered to post at McChord Air Force Base 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.

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 (R0900)

This is a decision requiring the agency to continue its administrative

processing of your complaint. However, if you wish to file a civil

action, you have the right to file such action in an appropriate United

States District Court within ninety (90) calendar days from the date

that you receive this decision. In the alternative, you may file a

civil action after one hundred and eighty (180) calendar days of the date

you filed your complaint with the agency, or filed your appeal with the

Commission. 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. 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

_04-01-01_________________

Date

1Complainant acknowledged in her request for reconsideration that the

agency issued her a check for $18,842.75. We will therefore not repeat

element (3) of the order in our previous decision.