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