04a50025
11-02-2005
Carolyn H. Lucas, Petitioner, v. Dr. Francis J. Harvey, Secretary, Department of the Army, Agency.
Carolyn H. Lucas v. Department of the Army
04A50025
November 2, 2005
.
Carolyn H. Lucas,
Petitioner,
v.
Dr. Francis J. Harvey,
Secretary,
Department of the Army,
Agency.
Petition No. 04A50025
Appeal No. 01A43697
Agency No. ARJDHQS02MAY0007
Hearing No. 130-A3-8245X
DECISION ON A PETITION FOR ENFORCEMENT
On July 12, 2005, the Equal Employment Opportunity Commission (EEOC
or Commission) docketed a petition for enforcement to examine the
enforcement of an order set forth in Carolyn H. Lucas v. Department
of the Army, EEOC Appeal No. 01A43697 (May 19, 2005). This petition
for enforcement is accepted by the Commission pursuant to 29 C.F.R. �
1614.503. Petitioner alleged that the agency failed to fully comply
with the Commission's order to post the �Notice to Employees.�
Petitioner filed a complaint in which she alleged that the agency
discriminated against her on the bases of race (African-American),
sex (Female), and in reprisal for prior EEO activity. Petitioner
appealed the agency's final decision concluding that she failed to
show that any of the agency's actions were a pretext to mask unlawful
discrimination/retaliation. In EEOC Appeal No. 01A43697, the Commission
found that the agency discriminated against petitioner on the bases of
race and sex.
Among other things, the Commission's Order specified that the agency had
to post the �Notice to Employees� that was attached to the decision.
On July 12, 2005, the Commission docketed a Petition for Enforcement
of an order set forth in Carolyn H. Lucas v. Department of the Army,
EEOC Appeal No. 01A43697 (May 19, 2005). Petitioner alleged that the
agency was in noncompliance with the Commission's order. In response,
the agency submitted documentation establishing that it had reached a
settlement agreement with petitioner and that the posting would not be
displayed. The Commission determined that the agency had complied with
its decision, thereby terminating compliance monitoring. Carolyn H. Lucas
v. Department of the Army, EEOC Compliance No. 06A50625 (July 14, 2005).
Subsequently, the record establishes that the agency posted the �Notice
to Employees� on July 21, 2005.
Based on the foregoing, we find that the agency has complied with the
Commission's Order. Therefore, after review of the instant petition for
enforcement, the agency's response, the prior Commission's decisions,
and the entire record, it is the decision of the Commission to DENY the
petition. There is no right of administrative appeal from this denial.
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
November 2, 2005
__________________
Date