05A20909
08-22-2002
Dawonna J. Carriker, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Eastern Area), Agency.
Dawonna J. Carriker v. United States Postal Service
05A20909
August 22, 2002
.
Dawonna J. Carriker,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Eastern Area),
Agency.
Request No. 05A20909
Appeal No. 01A04962
Agency No. 1C-451-0115-99
DENIAL OF REQUEST FOR RECONSIDERATION
The United States Postal Service (agency) timely initiated a request to
the Equal Employment Opportunity Commission to reconsider the decision
in Dawonna J. Carriker v. United States Postal Service, EEOC Appeal
No. 01A04962 (May 23, 2002). EEOC Regulations provide that the Commission
may, in its discretion, 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).
In her formal complaint, complainant alleged that she was discriminated
against on the bases of her race (Black), color (black), sex (female),
and in reprisal for prior EEO activity when she was subjected to
harassment by her coworkers. The appellate decision found the agency
liable for racial harassment. In its request for reconsideration,
the agency's argues that complainant's appeal was untimely; that the
Commission relied on complainant's brief and attachments which were not
provided to the agency; and that the Commission erroneously found that
the agency failed to respond to the alleged harassment.
Upon review, we note that the issue of timeliness was addressed in the
appellate decision and the agency has introduced no new evidence in
support of its contention that the appeal was untimely. We further find
that the Commission did not rely on evidence which was not provided to the
agency but acknowledged that complainant had submitted a statement signed
by a coworker stating that her workplace was permeated by institutional
racism and that management did little to improve the situation. Finally,
we find that the agency has not presented any evidence or argument that
was not previously considered by the Commission when we found the agency
liable for racial harassment.
After a review of the agency's request for reconsideration, 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. 01A04962 remains the Commission's final decision. There is no
further right of administrative appeal on the decision of the Commission
on this request for reconsideration. The agency is directed to take
action consistent with the Order below.
ORDER
1. The agency shall determine the appropriate amount of back pay (with
interest, if applicable) and other benefits due complainant, including
restoration of all personal leave complainant took as a result of the
racially hostile environment, pursuant to 29 C.F.R. � 1614.501, no later
than sixty (60) calendar days after the date this decision becomes final.
The complainant shall cooperate in the agency's efforts to compute
the amount of back pay and benefits due, and shall provide all relevant
information requested by the agency. If there is a dispute regarding the
exact amount of back pay and/or benefits, the agency shall issue a check
to the complainant for the undisputed amount within sixty (60) calendar
days of the date the agency determines the amount it believes to be due.
The complainant may petition for enforcement or clarification of the
amount in dispute. The petition for clarification or enforcement must
be filed with the Compliance Officer, at the address referenced in the
statement entitled "Implementation of the Commission's Decision."
2. Within sixty (60) calendar days of the date this decision becomes
final, the agency shall pay complainant $30,000.00 in non-pecuniary
compensatory damages.
3. The agency shall consider appropriate discipline, including the
possibility of reassignment, for those employees responsible for the
harassment at issue herein. The Commission recommends that the agency
review the following EEOC publications: Policy Guidance on Current Issues
of Sexual Harassment (March 19, 1990); Enforcement Guidance on Harris
v. Forklift Systems, Inc. (March 8, 1994); and Enforcement Guidance:
Vicarious Employer Liability for Unlawful Harassment by Supervisors
(June 18, 1999).
4. The agency shall conduct training for its managers and supervisors
at the Processing and Distribution Center in Dayton, Ohio regarding
their obligations under Title VII with special emphasis on harassment.
POSTING ORDER (G0900)
The agency is ordered to post at its Processing and Distribution Center
in Dayton, Ohio copies of the attached notice. Copies of the notice,
after being signed by the agency's duly authorized representative, shall
be posted by the agency within thirty (30) calendar days of the date
this decision becomes final, and shall remain posted for sixty (60)
consecutive days, in conspicuous places, including all places where
notices to employees are customarily posted. The agency shall take
reasonable steps to ensure that said notices are not altered, defaced,
or covered by any other material. The original signed notice is to be
submitted to the Compliance Officer at the address cited in the paragraph
entitled "Implementation of the Commission's Decision," within ten (10)
calendar days of the expiration of the posting period.
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.
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 (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
August 22, 2002
__________________
Date
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
An Agency of the United States Government
This Notice is posted pursuant to an order by the United States Equal
Employment Opportunity Commission dated ___________ which found that
a violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq. has occurred at the agency's
Processing and Distribution Center in Dayton, Ohio.
Federal law requires that there be no discrimination against any employee
or applicant for employment because of the person's RACE, COLOR, RELIGION,
SEX, NATIONAL ORIGIN, AGE, or DISABILITY with respect to hiring, firing,
promotion, compensation, or other terms, conditions or privileges of
employment.
This facility was found to have violated Title VII when an employee was
subject to a racially hostile work environment. The facility was ordered
to award the employee with compensatory damages, and proven attorney fees.
This facility was also ordered to provide relevant agency officials with
training regarding their obligations under Title VII. This facility
will ensure that officials responsible for personnel decisions and
terms and conditions of employment will abide by the requirements of
all federal equal employment opportunity laws and will not retaliate
against employees who file EEO complaints.
This facility will comply with federal law and will not in any manner
restrain, interfere, coerce, or retaliate against any individual who
exercises his or her right to oppose practices made unlawful by, or
who participates in proceedings pursuant to, federal equal employment
opportunity law.
Date Posted: _____________________
Posting Expires: _________________
29 C.F.R. Part 1614