05A21046
10-16-2002
Helen L. Duckett, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Helen L. Duckett v. Department of Justice
05A21046
October 16, 2002
.
Helen L. Duckett,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Request No. 05A21046
Appeal No. 01A12200
Agency No. P-97-9177
Hearing No. 100-99-8107X
DENIAL OF REQUEST FOR RECONSIDERATION
The Department of Justice (agency) timely initiated a request to
the Equal Employment Opportunity Commission (EEOC or Commission) to
reconsider the decision in Helen L. Duckett v. Department of Justice,
EEOC Appeal No. 01A12200 (June 25, 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 the underlying decision, complainant alleged she was discriminated
against on the bases of race (African-American), sex (female), disability
(carpal tunnel syndrome, high blood pressure), and in reprisal for prior
EEO activity in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq., and Section 501
of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29
U.S.C. � 791 et seq., when she was subjected to hostile work environment
harassment. An EEOC Administrative Judge (AJ) issued a decision without
a hearing finding that complainant failed to establish that she had been
subject to hostile work environment discrimination. As to complainant's
specific allegation that the agency would not allow her to keep her
office furniture when she was moved to another office, the AJ found
that complainant failed to state a claim. In our appeal decision, we
found that as complainant contended that her request to keep her office
furniture was a request for reasonable accommodation, the record was not
adequately developed as to allow for summary disposition on this issue.
In its request for reconsideration, the agency contends that the
Commission erred in remanding the case. The agency argues that
complainant failed to establish a prima facie case as to the office
furniture, as complainant is not an individual with a disability under
the Rehabilitation Act, and was therefore not entitled to reasonable
accommodation. The agency further contends that because complainant
failed to establish a prima facie case, there are no genuine issues of
material fact, and the AJ's issuance of a decision without a hearing was
appropriate. We find, however, that the agency has misinterpreted our
finding on appeal with respect to this issue. In our appeal decision,
we found that the AJ erred in failing to analyze complainant's request
to keep her office furniture as a request for reasonable accommodation.
While the agency is correct in that a proper analysis of this issue
would require a determination as to whether or not complainant is an
individual with a disability, we find that the record is not adequately
developed for disposition of this issue.
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. 01A12200 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
The agency shall submit to the Hearings Unit of the appropriate EEOC field
office the request for a hearing within fifteen (15) calendar days of
the date this decision becomes final. The agency is directed to submit a
copy of the complaint file to the EEOC Hearings Unit within fifteen (15)
calendar days of the date this decision becomes final. 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 Administrative Judge shall issue a decision on the
complaint in accordance with 29 C.F.R. � 1614.109 and the agency shall
issue a final action in accordance with 29 C.F.R. � 1614.110.
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 (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. 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
October 16, 2002
__________________
Date