05a10081
01-09-2001
Eugenia A. Williams, Complainant, v. Daniel R. Glickman, Secretary, Department of Agriculture, Agency.
Eugenia A. Williams v. Department of Agriculture
05A10081
January 9, 2001
.
Eugenia A. Williams,
Complainant,
v.
Daniel R. Glickman,
Secretary,
Department of Agriculture,
Agency.
Request No. 05A10081
Appeal No. 01971511
Agency No. 93-1012; 93-11229
DENIAL OF REQUEST FOR RECONSIDERATION
The agency initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Eugenia
A. Williams v. Department of Agriculture, EEOC Appeal No. 01971511
(August 10, 2000).<1> 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).
By regulation, a request to reconsider must be filed within thirty
(30) calendar days after receipt of the previous decision. 29 C.F.R. �
1614.405(b). Further, a request to reconsider "shall be deemed timely
if it is delivered in person or postmarked before the expiration of the
applicable filing period." 29 C.F.R. � 1614.604(b).
It is noted that the Commission's previous decision included a
Certificate of Mailing indicating, that for timeliness purposes, the
Commission will presume that this decision was received within five (5)
calendar days after it was mailed, which was August 10, 2000. In this
case, the agency filed its request to reconsider on November 3, 2000,
as evidenced by the postmark date. On review, the agency contends that
its request to reconsider is timely because it first received the August
10, 2000 appeal decision on September 27, 2000. Accordingly, the end
of the filing period was October 27, 2000. Even assuming the agency
did first receive the decision on September 27, 2000, it's November 3,
2000 request for reconsideration is beyond the regulatory filing period
and is therefore, untimely filed.
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. 01971511 remains the Commission's final decision and if it
has not already done so, the agency shall comply with the relief awarded
therein, restated in the following ORDER. There is no further right of
administrative appeal of the decision of the Commission on this request
for reconsideration.
ORDER
To the extent it has not already done so, the agency is ordered to take
the following remedial actions:
1. Within sixty (60) calendar days of the date this decision becomes
final, the agency, if it has already paid complainant the $2000.00
referenced in the FAD, shall issue her a check for $48,700.00 for proven
compensatory damages. If the agency has not already paid complainant
the $2000.00 referenced in the FAD, then it shall issue her a check for
$50,700.00.
2. The issue of attorney's fees and costs are REMANDED to the agency.
Complainant, through counsel, shall submit a request for attorney's
fees and costs in accordance with the Attorney's Fees paragraph set
forth below. No later than sixty (60) days after the agency's receipt of
the attorney's fees statement and supporting affidavit, the agency shall
issue a final agency decision addressing the issues of attorney's fees,
and costs. The agency shall submit a copy of the final decision to the
Compliance Officer at the address set forth below.
3. The agency shall submit copies of checks for compensatory damages
and attorney's fees, and the agency's determination on attorney's fees,
to the Compliance Officer as referenced below.
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 (K0900)
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)(Supp. V 1993). 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
January 9, 2001
__________________
Date
1 On November 9, 1999, revised regulations governing the EEOC's
federal sector complaint process went into effect. These regulations
apply to all federal sector EEO complaints pending at any stage in
the administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.