Barbara Myklebust, Complainant,v.Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity CommissionOct 9, 2003
05A31288_05A31298 (E.E.O.C. Oct. 9, 2003)

05A31288_05A31298

10-09-2003

Barbara Myklebust, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.


Barbara Myklebust v. Department of Veterans Affairs

05A31298

October 9, 2003

.

Barbara Myklebust,

Complainant,

v.

Anthony J. Principi,

Secretary,

Department of Veterans Affairs,

Agency.

Request Nos. 05A31288; 05A31298

Appeal Nos. 07A20124; 01A22134

Agency Nos. 95-2127; 96-1618; 97-0481

Hearing Nos. 260-97-9097X; 260-97-9208X; 260-97-9099X

DENIAL OF REQUEST FOR RECONSIDERATION

The Commission received a letter postmarked August 27, 2003, from

complainant's attorney, requesting an extension to file a request for

reconsideration of the decision in Barbara Myklebust v. Department of

Veterans Affairs, EEOC Appeal Nos. 07A20124 and 01A22134 (August 6, 2003).

The Commission subsequently denied the extension request.

Upon review of complainant's subsequent submissions, we find that

complainant has failed to demonstrate 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).

Accordingly, complainant's requests for reconsideration are denied,

and the decision in EEOC Appeal Nos. 07A20124 and 01A22134 remains the

Commission's final decision. There is no further right of administrative

appeal on the decision of the Commission. The Commission directs the

agency to take corrective action in accordance with this decision and

the Order below.

ORDER

The agency shall take the following action, to the extent that it has

not already done so, within sixty (60) days of the date this decision

becomes final:

Pay complainant $40,000.00 in non-pecuniary damages.

Pay complainant $58,523.00 in pecuniary damages.

Pay complainant $300.00 in future pecuniary damages.

Pay complainant $53,100.00 for attorney's fees.

Pay complainant $1,444.90 for costs.

Submit a report of compliance, as provided in the statement entitled

"Implementation of the Commission's Decision." The report shall

include supporting documentation verifying that the corrective action

has been implemented.

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. �� 16 in non-pecuniary damages awarded where 14.407, 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

October 9, 2003

__________________

Date