04A10002
08-28-2003
Elgie B. Richards, Petitioner, v. R.L. Brownlee, Acting Secretary, Department of the Army, Agency.
Elgie B. Richards v. Department of the Army
04A10002
08-28-03
.
Elgie B. Richards,
Petitioner,
v.
R.L. Brownlee,
Acting Secretary,
Department of the Army,
Agency.
Petition No. 04A10002
Appeal No. 01974483
Request No. 05990272
Agency No. BREI9506F0300
Hearing No. 320-96-8126X
DECISION ON A PETITION FOR ENFORCEMENT
The Equal Employment Opportunity Commission (EEOC or Commission)
docketed a petition for enforcement to examine the enforcement of an
order set forth in Elgie B. Richards v. Department of the Army, EEOC
Appeal No. 01974483 (December 10, 1998), Request for Reconsideration No.
05990272. 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 provide him with back
pay and benefits due him.
In EEOC Appeal No. 01974483, the Commission reversed an AJ's finding
of discrimination against petitioner on the bases of race and age when
the agency allegedly failed to upgrade petitioner's position to the
GS-13 level in 1992 (1992 upgrade). The Commission affirmed, however,
the AJ's finding of discrimination with respect to a 1993 upgrade (1993
upgrade). As a remedy for discrimination, the agency was ordered to
provide petitioner with back pay and benefits, with interest; provide
EEO training to all personnel, and post a notice of discrimination.
On December 29, 1998, petitioner filed a Request for Reconsideration, and
was docketed Request No. 05990272. On June 11, 1999, this request for
reconsideration was denied. The decision in EEOC Appeal No. 01974483
remained the Commission's the final decision. On April 26, 2000,
the agency was deemed to have been in full compliance with the order
and compliance was closed.
On October 3, 2000, petitioner submitted the petition for enforcement
at issue. Petitioner contends that the date the agency used in order
to compute his entitlement to back pay and benefits is incorrect.
Petitioner is requesting that his entitlement to back pay be changed from
1993 to 1992 as was first ordered by the AJ in his decision. However, a
careful reading of the Commission's decision in EEOC Appeal No. 01974483
(December 10, 1998) reversed the AJ's finding of discrimination with
regard to the 1992 upgrade and therefore, there is no entitlement to
any remedies from 1992, as petitioner requests.
Petitioner also made reference to the delay in receiving payment in
the matter. Research has shown that petitioner's check was delayed
when the agency mistakenly processed the check under the wrong name,
�Richardson� instead of �Richards.� Upon notification, the mistake was
corrected and petitioner was issued a check for $9,256.17. Moreover,
by petitioner's own admission, he was paid an additional $400 in
Locality/Pay Adjustment after notifying the agency of the discrepancy.
The record also shows a �Notice of Correction of Individual Retirement
Record, Civil Service Reform System� showing corrected data with regard
to petitioner's within increase and locality payment. Petitioner's
requests additional remedies, such as compensatory damages, which were
not awarded in this case.
Accordingly, we find the agency has complied with our Order dated June
11, 1999, and the petition for enforcement is hereby denied.
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
___08-28-03_______________
Date