05A30252
12-23-2002
Jacquelyn G. Willoughby, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, Agency.
Jacquelyn G. Willoughby v. Department of Defense
05A30252
December 23, 2002
.
Jacquelyn G. Willoughby,
Complainant,
v.
Donald H. Rumsfeld,
Secretary,
Department of Defense,
Agency.
Request No. 05A30252
Appeal No. 01991367
Agency No. ATL-94-SS-214-E
Hearing No. 140-94-8120X
DENIAL OF REQUEST FOR RECONSIDERATION
Jacquelyn G. Willoughby (complainant) initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Jacquelyn G. Willoughby v. Department of Defense, EEOC
Appeal No. 01991367 (September 11, 2002). By regulation, requests for
reconsideration must be filed within thirty (30) calendar days after
the party receives the previous decision. 29 C.F.R. � 1614.405(b).
A document is timely if it is received or postmarked before the expiration
of the applicable filing period or, in the absence of a legible postmark,
if it is received by mail within five days of 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 purposes of timeliness, the Commission
will presume that the decision was received within five (5) calendar
days of the date on which it was mailed, September 11, 2002. Complainant
therefore is presumed to have received the previous decision no later than
September 16, 2002. As evidenced by the postmark, complainant filed her
request for reconsideration on November 18, 2002, which was beyond the
30-day limit set by regulation. Accordingly, complainant's request for
reconsideration is DISMISSED. The decision in EEOC Appeal No. 01991367
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.
ORDER (C0900)
The agency is ORDERED to take the following remedial actions within 90
calendar days after its receipt of this decision:
1. Issue a check to the complainant for $22,500 in compensatory damages,
less damages the agency has already paid her on this claim.
2. In accordance with 29 C.F.R. � 1614.501, issue a check to the
complainant for 70% of the pay she lost with benefits, including the cash
value of annual leave used, with interest on the above, from September
18, 1993 to March 1, 1994, less back pay and benefits already paid by
the agency to the complainant in connection with this claim.<1> The
complainant is ORDERED to cooperate in the agency's efforts to compute
the amount due, and to provide all necessary information the agency
requests to help it comply.
3. Pay attorney fees of $39,952.50, less the complainant's fees already
paid by the agency.
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 must include supporting documentation of the
agency's calculation of back pay and benefits, including the cash value
of annual leave, and interest, and evidence that the corrective actions
have been implemented. The agency is directed to submit a copy of the
report, with all enclosures, to the complainant.
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
December 23, 2002
__________________
Date
1The complainant only lost $112.76 in the cash portion of her wages
up to November 15, 1993, and is not entitled to the restoration of any
sick leave.