05980655
05-06-1999
Sally T. Stapp, Appellant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Sally T. Stapp v. Department of the Navy
05980655
May 6, 1999
Sally T. Stapp, )
Appellant, )
) Request No. 05980655
v. ) Appeal No. 01965637
) Agency No. 93-62204-019
Richard J. Danzig, ) Hearing No. 340-94-3847X
Secretary, )
Department of the Navy, )
Agency. )
)
DENIAL OF REQUEST TO RECONSIDER
On April 22, 1998, the Department of the Navy (agency) timely
initiated a request to the Equal Employment Opportunity Commission
(the Commission) to reconsider the decision in Sally T. Stapp v. John
H. Dalton, Secretary, Department of the Navy, EEOC Appeal No. 01965637
(March 20, 1998).<0> EEOC regulations provide that the Commissioners
may, in their discretion, reconsider any previous Commission decision.
29 C.F.R. �1614.407(a). The party requesting reconsideration must submit
written argument or evidence which tends to establish one or more of
the following three criteria: new and material evidence is available
that was not readily available when the previous decision was issued,
29 C.F.R. �1614.407(c)(1); the previous decision involved an erroneous
interpretation of law or regulation, or material fact, or a misapplication
of established policy, 29 C.F.R. �1614.407(c)(2); and the decision is of
such exceptional nature as to have substantial precedential implications,
29 C.F.R. �1614.407(c)(3).
After a review of the agency's request to reconsider, the previous
decision, and the entire record, the Commission finds that the request
fails to meet the criteria of 29 C.F.R. �1614.407(c), and it is the
decision of the Commission to deny the request. The decision in EEOC
Appeal No. 01965637 (March 20, 1998) remains the Commission's final
decision. The agency shall comply with the order set forth in our prior
decision, as restated below. There is no further right of administrative
appeal on the decision of the Commission on this Request to Reconsider.
ORDER
The agency is ORDERED to take the following remedial action:
(1) The agency shall take whatever actions it deems necessary, including
but not limited to the actions set forth below, to ensure that neither
appellant nor any other employee is subjected to a discriminatory hostile
work environment in the future.
(2) The agency shall restore to appellant any sick or annual leave she
was compelled to take in direct response to the hostile work environment
caused by the sexual and sex-based harassment.
(3) The agency shall conduct EEO training for its management staff at
the Marine Corps Logistics Base in Barstow, California, addressing their
responsibilities with respect to eliminating discrimination in the Federal
workplace. The training shall place special emphasis on prevention and
elimination of sexual harassment and sex-based discrimination.
(4) The agency shall conduct a supplemental investigation on the issue
of appellant's entitlement to compensatory damages, and provide her
with an opportunity to develop the record with respect to this claim.
Specifically, she shall be afforded an opportunity to establish a causal
relationship between the discrimination and any pecuniary or non-pecuniary
losses.<0> Appellant's entitlement to compensatory damages is limited to
incidents occurring after November 21, 1991, the date of the enactment
of the Civil Rights Act of 1991. Thereafter, the agency shall issue a
final decision on the amount of compensatory damages owed to appellant,
if any. 29 C.F.R. �1614.110. The supplemental investigation and issuance
of the final decision must be completed within 120 calendar day of the
date this decision becomes final. A copy of the final decision must be
submitted to the Compliance Officer, as referenced below.
(5) 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 benefits
and any damages due appellant, including evidence that the corrective
action has been implemented.
POSTING ORDER (G1092)
The agency is ORDERED to post at its Marine Corps Logistics Base, Barstow,
California, 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 (H1092)
If appellant 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 (K0595)
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 appellant. If
the agency does not comply with the Commission's order, the appellant
may petition the Commission for enforcement of the order. 29 C.F.R. �
1614.503(a). The appellant 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. �� 1614.408,
1614.409, and 1614.503(g). Alternatively, the appellant 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. ��
1614.408 and 1614.409. 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 (Supp. V 1993). If the appellant files a civil action,
the administrative processing of the complaint, including any petition
for enforcement, will be terminated. See 29 C.F.R. � 1614.410.
RIGHT TO FILE A CIVIL ACTION (Q0993)
This decision affirms the agency's final decision 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 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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
May 6, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat
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 of 1964, as amended,
42 U.S.C. �2000e et seq. occurred when the Department of the Navy,
Marine Corps Logistics Base, Barstow, California, subjected an employee
to a sexually hostile work environment.
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 PHYSICAL or MENTAL DISABILITY with respect
to hiring, firing, promotion, compensation, or other terms, conditions
or privileges of employment. The Department of the Navy, Marine Corps
Logistics Base, Barstow, California, reaffirms its commitment to comply
with these statutory provisions.
The Department of the Navy, Marine Corps Logistics Base, Barstow,
California, supports and will comply with such Federal law and will not
take action against individuals because they have exercised their rights
under law.
The facility was ordered to take steps to ensure that further sexual
harassment does not occur. In addition, the facility was ordered to
pay compensatory damages for any damages experienced as a result of
the discrimination. The facility was ordered to provide training to
all supervisory and managerial staff on the current state of the law
on employment discrimination, including discrimination based on sexual
harassment. Finally, the facility was ordered to pay the individual
reasonable attorney's fees incurred in the processing of this complaint.
The facility 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
01 Because the record does not reveal when the agency received the
prior decision, we have treated its request as timely.
02 See Kathleen A. Carle v. Department of the Navy, EEOC Appeal
No. 01922369 (January 5, 1993) for the type of evidence needed to
establish pecuniary and non-pecuniary losses and their causal relationship
to the discrimination.