04980025
03-14-2000
Dwight C. Norris, Complainant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.
Dwight C. Norris v. Department of Veterans Affairs
04980025
March 14, 2000
Dwight C. Norris, )
Complainant, )
)
v. ) Petition No. 04980025
) Appeal No. 01974551
Togo D. West, Jr., )
Secretary, )
Department of Veterans Affairs, )
Agency. )
____________________________________)
DENIAL OF PETITION FOR ENFORCEMENT
On May 20, 1998, complainant requested enforcement of the agency's order
from Norris v. Department of Veterans Affairs, EEOC Appeal No. 01974551
(February 27, 1998). In that order, the Commission required the agency to
determine whether complainant's claims were acceptable for investigation.
The Commission reviews this petition pursuant to the provisions of
EEOC Regulation 29 C.F.R. � 1614.503. For the reasons set forth below,
the agency denies the petition.
In the prior decision, the Commission found that complainant raised
a claim of constructive discharge that the agency failed to address.
The Commission ordered the agency to issue a new final decision or notice
of processing regarding the claims raised in the complaint, including
constructive discharge. The deadline for this action was within thirty
days of the date the decision became final.
Petitioner contends that the agency did not issue a decision regarding
his claims, and asks that the Commission enforce its order from the prior
complaint. The agency provided a notice of processing, dated June 15,
1998, accepting two claims for investigation:
(1) On June 12, 1996, complainant was harassed when given an oral warning
regarding discussing concerns with other employees. Complainant believes
that this is an unequal application of rules and regulations on the
agency's part; and
(2) On July 20, 1996, complainant was forced to leave his employment
as a result of the alleged harassment.
Although the agency failed to comply with the time limits on the
Commission's order, complainant received the agency's decision shortly
after filing the present petition. Since complainant received all the
relief to which he was entitled under the order, and the order concerned
the continued processing of his complaint, the agency's failure to comply
with the time limits was harmless error. Accordingly, the Commission
denies complainant's petition for enforcement.
STATEMENT OF RIGHTS - ON PETITION FOR ENFORCEMENT
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
March 14, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_______________ __________________________
Date Equal Employment Assistant