05a60211_r
12-16-2005
Patricia Kann, Complainant, v. Gale A. Norton, Secretary, Department of the Interior, Agency.
Patricia Kann v. Department of the Interior
05A60211
December 16, 2005
.
Patricia Kann,
Complainant,
v.
Gale A. Norton,
Secretary,
Department of the Interior,
Agency.
Request No. 05A60211
Appeal No. 07A50039
Agency Nos. LMS-99-004, LMS-99-011
Hearing No. 320-AO-8334X
DENIAL
Patricia Kann (complainant) timely requested reconsideration of the
decision in Patricia Kann v. Department of the Interior, EEOC Appeal
No. 07A50039 (September 28, 2005). EEOC Regulations provide that the
Commission may, in its discretion, grant a request to 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 reconsidering 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. 07A50039 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
ORDER
The Agency shall remit to Complainant all pay and/or benefits lost as a
result of the Agency's discriminatory/retaliatory actions taken herein,
assuming that, absent discrimination and/or retaliation, she would not
have taken or used 13 days of annual leave and 13 days of sick leave.
Accordingly, the Agency shall restore to Complainant 13 days of annual
leave, and 13 days of sick leave, and any other benefits lost as a
result of Complainant having used 13 days of annual leave, and 13 days
of sick leave. The Agency shall restore the benefits due Complainant,
pursuant to 29 C.F.R. � 1614.501, no later than sixty (60) calendar
days after the date this decision becomes final. Complainant shall
cooperate in the Agency's efforts to compute the amount of benefits due,
and shall provide all relevant information requested by the Agency.
If there is a dispute regarding the exact amount of benefits, the Agency
shall restore the undisputed amount of benefits to Complainant within
sixty (60) calendar days of the date the Agency determines the amount
it believes to be due. Complainant may petition for enforcement for the
amount in dispute. The petition for enforcement must be filed with the
Agency's EEO Director.
Within sixty (60) days of the date this decision becomes final, the
Agency shall pay Complainant's attorney the sum of $102,893.06 for
attorney's fees and costs, less any amount paid for attorney's fees
and costs in the Turton case. No double recovery for attorney's fees
shall be allowed in the Kann and Turton case. Thus, only $102,893.06
for attorney's fees and costs shall ultimately be paid to complainant's
attorney for work performed in both Kann and Turton's cases. There is
no separate award of attorney's fees and costs for work performed in the
Kann and Turton cases. The attorney's fees and costs award of $102,893.06
includes all attorney's fees and costs (apart from any future awards
for work performed in the instant appeal) for both Kann and Turton.
Within sixty (60) days of the date this decision becomes final, the
Agency shall pay Complainant $100,000.00 in non-pecuniary damages to
compensate Complainant for the pain and suffering she experienced as a
result of the Agency's violation of Title VII.
Within 180 days of the date this decision becomes final, the Agency shall
provide a minimum of eight hours of live, focused training to Mr. W,
Mr. X, Mr. Y, Mr. Z, and Ms. A on their responsibilities under the laws
enforced by the EEOC, with special emphasis on Title VII. If Mr. Y,
or any other person named above, is no longer an employee of the federal
government, the Agency shall furnish documentation of his/her departure
date.
Within 60 days of the date this decision becomes final, the Agency
shall consider taking appropriate disciplinary action against Mr. W,
Mr. X, Mr. Y, Mr. Z and Ms. A. The EEOC does not consider training to be
disciplinary action. If the Agency decides to take disciplinary action,
it shall identify the action taken for the record. If the Agency decides
not to take disciplinary action, it shall set forth, in the record,
the reason(s) for its decision not to impose discipline. If Mr. Y,
or any other person named above is no longer an employee of the federal
government, the Agency shall furnish documentation of his/her departure
date for the record.
Within 30 days of the date this decision becomes final, the Agency
shall post the attached NOTICE TO EMPLOYEES POSTED BY ORDER OF THE EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION, (after being signed by the Agency's
duly authorized representative) in conspicuous places, including all
places where notices to employees are customarily posted, as specified
below.
The agency shall send evidence that they have complied with provisions
1 - 6 of this Order to the Compliance Officer as referenced herein.
POSTING ORDER (G0900)
The agency is ordered to post at its Minerals Management Service Division,
Royalty in Kind (RIK) section, Lakewood, Colorado 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 (Q0900)
This decision affirms the agency's final decision/action in part, but it
also requires the agency to continue its administrative processing of a
portion of your complaint. 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 on both that portion
of your complaint which the Commission has affirmed and that portion
of the complaint which has been remanded for continued administrative
processing 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
December 16, 2005
__________________
Date
NOTICE TO EMPLOYEES POSTED BY ORDER OF THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
An Agency of the United States Government
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 (42 U.S.C. 2000e et
seq.), has occurred at the agency's Minerals Management Service Division,
Royalty in Kind (RIK) section, Lakewood, Colorado facility.
Federal law requires that there be no discrimination against any employee
or applicant for employment because of the person's RACE, COLOR, RELIGION,
SEX, NATIONAL ORIGIN, AGE, or DISABILITY with respect to hiring, firing,
promotion, compensation, or other terms, conditions or privileges of
employment.
This facility was found to have discriminated against the complainant
on the bases of sex and reprisal. The facility was ordered to provide
complainant pay and benefits lost, non-pecuniary compensatory damages,
attorney's fees, and training for responsible management officials.
This facility 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.
This facility will comply with federal law and 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.
Name and Title
Date Posted: _____________________
Posting Expires: _________________
29 C.F.R. Part 1614