0420070008
08-18-2008
Celeste Gray, Petitioner, v. Dirk Kempthorne, Secretary, Department of the Interior, Agency.
Celeste Gray,
Petitioner,
v.
Dirk Kempthorne,
Secretary,
Department of the Interior,
Agency.
Petition No. 0420070008
Appeal No. 01A53424
Agency No. FNP03062
DECISION ON A PETITION FOR ENFORCEMENT
On December 19, 2006, the Equal Employment Opportunity Commission
(EEOC or Commission) docketed a petition for enforcement to examine
the enforcement of an order set forth in Celeste Gray v. Department
of the Interior, Appeal No. 01A53424 (May 5, 2006). 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 as set forth below.
Petitioner filed a complaint in which she alleged that the agency
discriminated against her on the bases of race (African-American), sex
(female), and reprisal for prior protected EEO activity in violation of
Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42
U.S.C. � 2000e et seq. Petitioner appealed the agency's final decision
to the Commission, and in Appeal No. 01A53424, the Commission found that
the agency subjected petitioner to unlawful sexual harassment.
The Commission ordered the agency to afford petitioner several forms
of relief for the discrimination, including ordering the agency to
determine the amount of compensatory damages to which petitioner
was entitled. The matter was assigned to a Compliance Officer and
docketed as Compliance No. 0620060688 on May 5, 2005. On December
19, 2006, petitioner submitted the petition for enforcement at issue.
Petitioner contends that the agency failed to make any determination
with respect to her entitlement to compensatory damages.
The record reflects that, in its response to petitioner's petition for
enforcement, dated January 31, 2007, the agency issued a final decision
awarding petitioner $19,843.00 in compensatory damages.1 Accordingly,
the petition for enforcement is DENIED as the record demonstrates that
the agency has complied with our order.2
ATTORNEY'S FEES (H0900)
If complainant 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.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
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 (Z0408)
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
August 18, 2008
__________________
Date
1 The record reflects that petitioner appealed the January 31, 2007 final
agency decision to the Commission. The appeal has been assigned docket
number 0120072136 and is currently pending before the Commission.
2 Because the agency had not fully complied with our order prior to
the docketing of this petition, petitioner may petition for an award of
attorney's fees.
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0420070008
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0420070008