Evelyn J. Watkins, Complainant,v.Department of the Interior, Agency.

Equal Employment Opportunity CommissionSep 16, 2002
05A20941 (E.E.O.C. Sep. 16, 2002)

05A20941

09-16-2002

Evelyn J. Watkins, Complainant, v. Department of the Interior, Agency.


Evelyn J. Watkins v. Department of the Interior

05A20941

09-16-02

.

Evelyn J. Watkins,

Complainant,

v.

Department of the Interior,

Agency.

Request No. 05A20941

Appeal No. 01A02120

Agency No. LMS-92-022

DENIAL OF REQUEST FOR RECONSIDERATION

Evelyn J. Watkins (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider the

decision in Evelyn J. Watkins v. Department of the Interior, EEOC Appeal

No. 01A02120 (May 31, 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 underlying complaint, complainant alleged discrimination on the

basis of race (Black), age (46), and/or reprisal for engaging in prior

EEO activity when, in July 1992, inter alia, her performance appraisal

was downgraded from �Outstanding� to �Fully Successful.� Following a

hearing, an EEOC Administrative Judge (AJ) issued a decision finding no

discrimination on the bases of race and age, but finding that the agency

had discriminated against complainant on the basis of reprisal with regard

to her performance appraisal. We affirmed the FAD's adoption of the AJ's

recommended decision and ordered that the agency conduct a supplemental

investigation into complainant's entitlement to compensatory damages.

See Evelyn J. Watkins v. Department of the Interior, EEOC Appeal

No. 01951814 (May 6, 1997), recon. denied, EEOC Request No. 05970824

(March 18, 1999).

On December 2, 1999 the agency issued another FAD, solely addressing the

issue of damages, in which it awarded complainant $500 in non-pecuniary

compensatory damages, with interest, effective August 10, 1997. The

agency denied complainant's request for pecuniary damages, and denied

any request for additional attorney's fees beyond any sums previously

paid by the agency. Our prior appellate decision affirmed the agency.

From this decision complainant requests reconsideration.

In her request for reconsideration, complainant contends that �the record

shows that the 1992 act of reprisal is only one act of a continuous string

of acts which occurred both before and after� that act. Complainant

therefore asks for a higher award of non-pecuniary compensatory damages.

We note, however, that in our May 6, 1997 decision, id., we affirmed

the FAD's adoption of the AJ's RD in which the AJ found the agency to

have engaged in reprisal when it downgraded complainant's performance

appraisal in July 1992. Contrary to complainant's contention, the AJ's

RD did not include a finding of liability for any other acts occuring

either before or after July 1992.

After a review of complainant'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. 01A02120 remains the Commission's final decision. The agency

shall comply with the Order in our previous decision as restated below.

There is no further right of administrative appeal on the decision of

the Commission on this request for reconsideration.

ORDER (C0900)

The agency is ordered to take the following remedial action:

Within sixty (60) days of the date on which this decision becomes final,

the agency, if it has not already done so, shall tender to complainant

non-pecuniary compensatory damages in the amount of $500.

The agency is further directed to submit a report of compliance, as

provided in the statement entitled "Implementation of the Commission's

Decision." The report shall include supporting documentation verifying

that the corrective action has been implemented.

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

____09-16-02______________

Date