0420070024
03-04-2008
John-Pierre Baney, Petitioner, v. Michael B. Mukasey, Attorney General, Department of Justice, (Federal Bureau of Prisons), Agency.
John-Pierre Baney,
Petitioner,
v.
Michael B. Mukasey,
Attorney General,
Department of Justice,
(Federal Bureau of Prisons),
Agency.
Petition No. 0420070024
Appeal No. 0120065102
Agency No. P-2006-0190
Hearing No. 450-2007-00144X
DECISION ON A PETITION FOR ENFORCEMENT
On September 10, 2007, petitioner submitted correspondence to the
Equal Employment Opportunity Commission (EEOC or Commission), which
was subsequently docketed as a petition for enforcement to examine the
enforcement of an order set forth in John-Pierre Baney v. Department
of Justice (Federal Bureau of Prisons), Appeal No. 0120065102 (July
31, 2007). This petition for enforcement is accepted by the Commission
pursuant to 29 C.F.R. � 1614.503. Petitioner alleged that the agency
failed to fully comply with the Commission's order to resume processing
his complaint from the point at which it had ceased.
On May 23, 2006, petitioner filed a class complaint in which he alleged
that the agency discriminated against him and others on the bases of
race (Caucasian), sex (male), disability, age (51), and in reprisal for
prior protected EEO activity arising under Title VII of the Civil Rights
Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq., when
it allowed a hostile work environment to exist at his agency facility.
The agency forwarded complainant's class complaint to the Commission's
Dallas District Office for processing by an Administrative Judge (AJ).
The matter was docketed as Hearing No. 450-2007-00144X.
Pursuant to the processing of a class complaint in a different matter,
in which an AJ certified a class complaint involving the basis of
reprisal, the agency notified petitioner that his complaint would be
held in abeyance, pending the outcome of the agency's appeal of that
certification to the Commission. See Turner, et al. v. Department
of Justice, EEOC Appeal No. 0720060041 (July 19, 2007). Petitioner
appealed the agency's decision to hold his class complaint in abeyance
to the Commission. The Dallas District Office AJ to which complainant's
class complaint had been assigned issued an order on March 5, 2007,
in which he found that he lacked jurisdiction over the complaint due to
the agency's decision to hold the complaint in abeyance. He ordered the
class complaint returned to the agency until such time as complainant's
appeal to the Commission was resolved, noting that if appropriate,
the complaint could be resubmitted to the Hearings Unit.
In Baney v. Department of Justice, Appeal No. 0120065102, the Commission
found that, as the decision in Turner, et al. v. Department of Justice
reversed the AJ's conclusions and denied certification of the class
complaint, there was no need to further hold complainant's complaint in
abeyance, and it ordered the agency to resume processing at the point
at which it had ceased.
The matter was assigned to a Compliance Officer and docketed as Compliance
No. 0620070908 on August 1, 2007. On September 10, 2007, petitioner
submitted the petition for enforcement at issue. Petitioner contends
that the agency failed to resume processing his complaint and he requested
documentation of the agency's corrective action.
On October 11, 2007, the agency submitted a copy of correspondence it
subsequently sent to the Commission's Dallas District Office, in which
it requested the resumed processing of complainant's class complaint.
We note that as this is the point in the administrative process at which
processing of complainant's class complaint had ceased, the agency has
fulfilled its obligation under the order in Appeal No. 0120065102.
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
3-4-08
__________________
Date
2
0420070024
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
0420070024