0520070139
01-09-2007
Carol A. Clopton, et al. Complainant, v. Stephen L. Johnson, Acting Administrator, Environmental Protection Agency, Agency.
Carol A. Clopton, et al.
Complainant,
v.
Stephen L. Johnson,
Acting Administrator,
Environmental Protection Agency,
Agency.
Request No. 0520070139
Appeal No. 01A62246
Hearing No. 280-2000-04324X
Agency No. 2000096R7
DENIAL
The agency timely requested reconsideration of the decision in Carol
A. Clopton v. Environmental Protection Agency, EEOC Appeal No. 01A62246
(October 12, 2006). 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. 01A62246 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
ORDER
1. The agency is ORDERED to forward the class complaint file,
including a copy of the class complaint and the Commission's
decision on class certification, to the EEOC's St. Louis District
Office, with a cover letter requesting that the class complaint be
assigned to an Administrative Judge for discovery proceedings and
a hearing.1 The agency's cover letter shall inform the St. Louis
District Office that the Commission's Order requires the class
complaint, as certified by the Commission, to be assigned as soon as
possible to an Administrative Judge. The request letter shall also
inform the St. Louis District Office that the Administrative Judge
shall begin the discover process under 29 C.F.R. � 1614.204(f)
within ten (10) calendar days of the date the case is assigned to
the new Administrative Judge. The agency shall complete these
actions within ten (10) calendar days of the date this decision
becomes final.
2. The agency is ORDERED to notify potential class members of the
Commission's acceptance of the class complaint in accordance with
29 C.F.R. � 1614.204(e), within fifteen (15) calendar days of
the date this decision becomes final. The notice shall contain
the law firm's/ attorney's name, mailing address, e-mail address,
telephone number, and facsimile number for the attorney who is
representing the class.
3. The agency shall send to the Compliance officer referenced
below, and to the attorney who is representing the class, copies
of the agency's class complaint notifications to class members and
a copy of the letter forwarding the complaint file to the EEOC's
St. Louis District Office, within fifteen (15) calendar days of
the date this decision becomes final.
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
(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
January 9, 2007
__________________
Date
1 The Commission notes that the agency, in its request for
reconsideration, argues that there is a potential conflict of interest
between the one of the class agents and some members of the class if the
class claim is expanded to include a race claim along with the age claim.
This issue, one of more precisely defining the class, should be, in the
first instance, argued before and decided by the AJ during the remand
ordered by the instant decision.
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0520070139
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0520070139