Hughv.Conrad, Complainant, v. Peter D. Keisler, Acting Attorney General, Department of Justice, Agency.

Equal Employment Opportunity CommissionSep 26, 2007
0520070264 (E.E.O.C. Sep. 26, 2007)

0520070264

09-26-2007

Hugh V. Conrad, Complainant, v. Peter D. Keisler, Acting Attorney General, Department of Justice, Agency.


Hugh V. Conrad,

Complainant,

v.

Peter D. Keisler,

Acting Attorney General,

Department of Justice,

Agency.

Request No. 0520070264

Appeal No. 0120041275

Agency No. A02011005

DENIAL

On January 18, 2007, complainant timely requested reconsideration of

the decision in Hugh V. Conrad v. Department of Justice, EEOC Appeal

No. 0120041275 (December 20, 2006). The agency also timely requested

reconsideration on January 29, 2007. The Commission consolidates the

requests for review. EEOC Regulations provide that the Commission may,

in its discretion, grant a request to 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).

First, we affirm our finding that the agency harassed complainant

in violation of the anti retaliation provisions of Title VII of the

Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et

seq. when he was demoted from his supervisory position in February 1999.

We now clarify that the Commission finds that the subsequent six events

which complainant enumerated in his complaint (ending with complainant

learning on September 27, 2000 that he had been nicknamed "AWOL") also

constituted retaliatory harassment.1 We conclude that the hostile work

environment to which complainant was subjected was the direct result

of his willingness to discharge his responsibilities under Title VII.

Specifically, when, as a supervisor, he saw that a subordinate employee

had become the victim of racial discrimination, he backed the employee,

reported the discrimination, and demanded a response from his superiors.

Rather than supporting complainant, management officials harassed

him. This Commission cannot condone this retaliatory conduct on the part

of agency officials.

We do not find that the requests meet the criteria of 29 C.F.R. �

1614.405(b), and it is the decision of the Commission to deny them.

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

the Commission. The Commission directs the agency to take corrective

action in accordance with the Order below.

ORDER

To the extent that is has not already done so, the agency is ORDERED to

take the following remedial actions:

1. The agency shall undertake a supplemental investigation to determine

complainant's entitlement to compensatory damages under Title VII.

The agency shall give complainant notice of his right to submit objective

evidence (pursuant to the guidance given in Carle v. Department of the

Navy, EEOC Appeal No. 01922369 (January 5, 1993)) and request objective

evidence from complainant in support of his request for compensatory

damages within forty-five (45) calendar days of the date complainant

receives the agency's notice. No later than ninety (90) calendar days

after the date that this decision becomes final, the agency shall issue

a final agency decision addressing the issue of compensatory damages.

The final decision shall contain appeal rights to the Commission.

The agency shall submit a copy of the final decision to the Compliance

Officer at the address set forth below.

2. The agency shall provide training to all management officials in

Huntsville and Birmingham, Alabama regarding their responsibilities

with respect to Title VII with special emphasis on its anti-retaliatory

provisions.

3. The agency shall consider taking appropriate disciplinary action

against the responsible management officials. The Commission does not

consider training to be disciplinary action. The agency shall report

its decision to the compliance officer. If the agency decides to take

disciplinary action, it shall identify the action taken. If the agency

decides not to take disciplinary action, it shall set forth the reason(s)

for its decision not to impose discipline. If any of the responsible

management officials have left the agency's employ, the agency shall

furnish documentation of their departure date(s).

POSTING ORDER (G0900)

The agency is ordered to post at its Branch Office of the U.S. Attorney

for the Northern District of Alabama, in Huntsville, 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.

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 (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:

September

26,

2007

______________________________ __________________

Carlton M. Hadden, Director

Date

Office of Federal Operations

1 The Order below is modified accordingly.

??

??

??

??

4

0520070264

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036