01A22384
06-12-2003
Joanne Stevens, Complainant, v. Hansford T. Johnson, Acting Secretary, Department of the Navy, Agency.
Joanne Stevens v. Department of the Navy
01A22384
June 12, 2003
.
Joanne Stevens,
Complainant,
v.
Hansford T. Johnson,
Acting Secretary,
Department of the Navy,
Agency.
Appeal No. 01A22384
Agency No. DON-95-68865-01
Hearing No. 110-96-8321X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final order in the above-entitled matter.
Complainant alleged that the agency discriminated against her on the
basis of disability (herniated lumbar) and reprisal for prior EEO activity
when she was not selected for a position from the Priority Consideration
Placement List between October 21, 1993, and October 21, 1994. At the
complaint hearing, the EEOC Administrative Judge (AJ) issued a decision
finding no discrimination based on reprisal, but finding discrimination
based on disability. Subsequently, in its final decision the agency
adopted the AJ's finding on reprisal, but found no discrimination based on
disability. On appeal however, the Commission upheld the AJ's finding of
discrimination based on disability, reversing the agency's final decision.
The agency's subsequent request for reconsideration of the Commission's
decision was denied. As part of the relief awarded, the agency was
ordered to complete a supplemental investigation on compensatory damages.
By letters dated October 1st and 5th, 2001 the agency initiated
the supplemental investigation and informed complainant, through
her attorney, of the procedure, including time frames, required to
recover compensatory damages. Complainant was asked to submit detailed
evidence in support of her claim for compensatory damages and informed
that the agency would respond to her submission within thirty days,
after which the record would close. The only response submitted through
complainant's attorney was an e-mail offer of settlement on November 1,
2001, requesting, in relevant part, $175,000 in compensatory damages.
There was no supporting documentation attached, though her attorney
indicated that complainant and husband were working on their responses.
Further, the e-mail contained no evidence or argument in support of
the amount requested. The agency rejected complainant's offer of
settlement and again requested that complainant submit evidence of
her entitlement to damages. Complainant's attorney indicated that he
would submit information by December 7, 2001, however this information
was never received. Subsequently, the agency issued a decision finding
that complainant was not entitled to compensatory damages as complainant
failed to submit evidence or arguments in support of her claim, and
the agency had no reason to believe that such evidence was forthcoming.
Complainant appealed the agency's decision but provided no arguments in
support of her appeal.
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to affirm the agency's decision
not to award compensatory damages because complainant failed to submit
sufficient evidence for a determination to be made as to her entitlement
to compensatory damages. Further, neither the report of investigation
nor the hearing record provided any persuasive evidence or arguments to
support an award of damages.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish 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.
Requests to reconsider, with supporting statement or brief, must be filed
with the Office of Federal Operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
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. If you
file a request to reconsider and also file a civil action, 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
June 12, 2003
__________________
Date