Helena A. Wolfe, Complainant,v.Thomas E. White, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionSep 25, 2002
05A01131 (E.E.O.C. Sep. 25, 2002)

05A01131

09-25-2002

Helena A. Wolfe, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.


Helena A. Wolfe v. Department of the Army

05A01131

09-25-02

.

Helena A. Wolfe,

Complainant,

v.

Thomas E. White,

Secretary,

Department of the Army,

Agency.

Request No. 05A01131

Appeal No. 01971417

Agency No. DA-92-09-0054

Hearing Nos. 170-95-8393X

170-95-8394X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Helena

A. Wolfe v. Department of the Army, EEOC Appeal No. 01971417 (June

30, 2000). 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).

After a review of the 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. 01971417 remains the Commission's final decision.

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

the Commission on this request for reconsideration. The agency shall

comply with the order below.

ORDER

The agency is ORDERED to take the following remedial action:

Within thirty (30) days of the date on which this decision becomes final,

the agency shall issue to complainant a check in the amount of $5,130,

representing the past pecuniary and non-pecuniary compensatory damages

owed complainant;

2. The agency shall take whatever actions it deems necessary, if it has

not already done so, including but not limited to the actions set forth

below, e.g., immediate removal of posters at the work place depicting

nude or semi-nude individuals, ensure that other employees are not

subjected to sexual harassment in the future;

The agency shall take appropriate preventative steps to ensure that no

employee is subjected to sexual harassment and to ensure that appropriate

steps are taken immediately after management is notified of any such

harassment;

The agency shall provide to the supervisors involved herein a minimum

of eight (8) hours of remedial training as to their responsibilities

under equal employment law; and

5. The agency shall take effective action to ensure that acts of sexual

harassment do not recur at the Willow Grove, Pennsylvania facility and

that no retaliatory actions are taken against an employee who opposes

unlawful discrimination, including sexual harassment.

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.

POSTING ORDER (G0900)

The agency is ordered to post at its Willow Grove, Pennsylvania facility

copies of the attached notice. Copies of the notice, after being

signed by the agency's duly authorized representative, shall be posted

by the agency within thirty (30) calendar days of the date this decision

becomes final, and shall remain posted for sixty (60) consecutive days,

in conspicuous places, including all places where notices to employees are

customarily posted. The agency shall take reasonable steps to ensure that

said notices are not altered, defaced, or covered by any other material.

The original signed notice is to be submitted to the Compliance Officer

at the address cited in the paragraph entitled "Implementation of the

Commission's Decision," within ten (10) calendar days of the expiration

of the posting period.

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.

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.

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

__09-25-02________________

Date

NOTICE TO EMPLOYEES POSTED BY ORDER OF THE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

An Agency of the United States Government

This Notice is posted pursuant to an Order by the United States Equal

Employment Opportunity Commission ("EEOC") dated ____________ which

found that a violation of Title VII of the Civil Rights Act of 1964,

as amended, 42 U.S.C. � 2000e et seq., has occurred at this facility.

Federal law requires that there be no discrimination against any

employee or applicant for employment because of the person's RACE,

COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, or PHYSICAL or MENTAL

DISABILITY with respect to hiring, firing, promotion, compensation,

or other terms, conditions or privileges of employment.

The U.S. Department of the Army, Willow Grove, Pennsylvania (hereinafter,

the facility), supports and will comply with such Federal law and will

not take action against individuals because they have exercised their

rights under law.

The facility has been found to have violated Title VII when a female

employee was subjected to a hostile work environment based on sex.. The

facility was ordered to immediately remove inappropriate posters

at the work place; to take appropriate preventative steps to ensure

that no employee is subjected to sexual harassment and to ensure that

appropriate steps are taken immediately after management is notified of

any such harassment; to provide a minimum of eight (8) hours of remedial

training for all managers and supervisors located at the Willow Grove,

Pennsylvania facility, to ensure that acts of sexual harassment do

not recur, that no retaliatory acts are taken against any employee who

opposes unlawful discrimination, and that persons reporting instances

of alleged sexual harassment are treated in an appropriate manner;

and to pay compensatory damages and attorney's fees.

The facility, will not in any manner restrain, interfere, coerce,

or retaliate against any individual who exercises his or her right to

oppose practices made unlawful by, or who participates in proceedings

pursuant to, Federal Equal Employment Opportunity law.

_______________________________

Date Posted: __________________

Posting Expires: _______________

29 C.F.R. � 1614