05A21071_r
08-21-2003
Delores Lambert, Complainant, v. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.
Delores Lambert v. Social Security Administration
05A21071
August 21, 2003
.
Delores Lambert,
Complainant,
v.
Jo Anne B. Barnhart,
Commissioner,
Social Security Administration,
Agency.
Request No. 05A21071
Appeal No. 01992071
Agency Nos. 94-0837-SSA, 95-0215-SSA, 95-0476-SSA, 95-0586-SSA,
96-0183-SSA, 96-0204-SSA, 97-0018-SSA
Hearing Nos. 310-98-5030X, 310-98-5031X, 310-98-5032X, 310-98-5033X,
310-98-5229X, 310-98-5230X, 310-98-5231X
DENIAL OF REQUEST FOR RECONSIDERATION
Both complainant and the agency timely initiated requests to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Delores Lambert v. Social Security Administration, EEOC
Appeal No. 01992071 (July 11, 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).
After a review of the parties' requests for reconsideration, the previous
decision, and the entire record, the Commission finds that the requests
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. 01992071 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.
ORDER
The agency shall take the following actions:
Within thirty (30) calendar days of the date this decision becomes
final, if complainant is still an employee of the agency, the agency
shall reimburse complainant for the � hour of religious compensatory
time she was denied on December 7, 1995.
The agency shall reimburse complainant for any annual leave or leave
without pay taken, if any, as a result of the agency's denial of
religious compensatory leave on August 4, 1995, April 5, 1996, and May
3, 1996.
The agency is directed to submit a copy of the complaint file to the
Hearings Unit of the EEOC Dallas District Office within fifteen (15)
calendar days of the date this decision becomes final, and request
the assignment of an Administrative Judge (AJ) to decide the issue of
compensatory damages. The agency shall provide written notification
to the Compliance Officer at the address set forth below that the
complaint file has been transmitted to the Hearings Unit. Thereafter,
the AJ shall issue a decision on the issue of compensatory damages in
accordance with 29 C.F.R. � 1614.109,<1> and the agency shall issue a
final action on damages in accordance with � 1614.110. A copy of the
agency's final action on the issue of compensatory damages shall be
sent to the Compliance Officer as referenced herein.
The agency shall send, to the Compliance Officer as referenced herein,
a copy of evidence showing that it has reimbursed complainant with
the compensatory time and leave referred to in provisions 1 and 2 of
this Order and/or a copy of evidence showing that complainant is not
an agency employee.
POSTING ORDER (G0900)
The agency is ordered to post at its Dallas Regional Office 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 (Q0900)
This decision affirms the agency's final decision/action in part, but it
also requires the agency to continue its administrative processing of a
portion of your complaint. 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 on both that portion
of your complaint which the Commission has affirmed and that portion
of the complaint which has been remanded for continued administrative
processing 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
August 21, 2003
__________________
Date
1The AJ will apply this regulation to decide
whether a hearing on the issue of damages is appropriate.