Lawrence McCurdy, Complainant,v.Tommy G. Thompson, Secretary, Department of Health and Human Services, Agency.

Equal Employment Opportunity CommissionDec 7, 2001
04A10047 (E.E.O.C. Dec. 7, 2001)

04A10047

12-07-2001

Lawrence McCurdy, Complainant, v. Tommy G. Thompson, Secretary, Department of Health and Human Services, Agency.


Lawrence McCurdy v. Department of Health and Human Services

04A10047

December 7, 2001

.

Lawrence McCurdy,

Complainant,

v.

Tommy G. Thompson,

Secretary,

Department of Health and Human Services,

Agency.

Petition No. 04A10047

Appeal No. 01A10659

Agency No. 95-1249

Hearing No. 100-96-7336X

DECISION ON PETITION FOR CLARIFICATION

On July 11, 2001, the Equal Employment Opportunity Commission (EEOC

or Commission) docketed a Petition for Enforcement from the Department

of Health and Human Services (agency) requesting clarification of the

Commission's order in Lawrence McCurdy v. Department of Health and

Human Services, EEOC Appeal No. 01A10659 (June 13, 2001). The Petition

for Clarification focuses on the amount of damages ordered by the

Commission in its EEOC Appeal No. 01A10659 decision. Paragraph one of

the Commission's order directed that the agency tender to complainant

$1,500 in past pecuniary damages and $5,000 in non-pecuniary damages,

a total of $6,500. The agency's Petition for Clarification was properly

filed in accordance with 29 C.F.R. � 1614.503(c) and is granted.

The agency in its final decision on damages (FAD (Damages)) awarded

complainant a total of $6,310 in compensatory damages, $1,310 in pecuniary

compensatory damages and $5,000 in nonpecuniary compensatory damages.

In appealing the FAD (Damages), complainant did not dispute the agency's

award of $1,310 in pecuniary compensatory damages. However, complainant

submitted that the agency's award of $5,000 in nonpecuniary compensatory

damages was inadequate. The Commission in its EEOC Appeal No. 01A10659

decision affirmed the agency's final decision on damages, noting that

complainant did not dispute the agency's award of pecuniary damages (see

complainant's appeal at 21) and finding that complainant was entitled

to nonpecuniary damages in the amount of $5,000.

The award of $1,500 in pecuniary compensatory damages was an error.

The $1,310 in pecuniary compensatory damages awarded by the agency in

its FAD (Damages) was not even in dispute on appeal. Accordingly,

the Commission is ordering the agency to pay $6,310 in compensatory

damages, including $1,310 in pecuniary compensatory damages and $5,000

in nonpecuniary compensatory damages.

CONCLUSION

Based on a review of the record, and for the foregoing reasons,

the Commission grants the Petition for Clarification of the order in

Lawrence McCurdy v. Department of Health and Human Services, EEOC Appeal

No. 01A10659 (June 13, 2001). The agency shall take the actions set

forth in the order below.

ORDER

The agency is ordered to take the following remedial actions:

1. Within thirty calendar days of the date this decision becomes final,

the agency shall tender to complainant $1,310 in past pecuniary damages

and $5,000 in non-pecuniary damages, a total of $6,310.

2. The agency is further directed to submit a report of compliance,

as provided in the statement below entitled �Implementation of the

Commission's Decision.� The report shall include documentation that

the ordered action has been implemented.

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.

STATEMENT OF RIGHTS - ON PETITION FOR CLARIFICATION

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)

This is a decision requiring the agency to continue its administrative

processing of your complaint. However, if you wish to file a civil

action, you have the right to file such action in an appropriate United

States District Court within ninety (90) calendar days from the date

that you receive this decision. In the alternative, you may file a

civil action after one hundred and eighty (180) calendar days of the date

you filed your complaint with the agency, or filed your appeal with the

Commission. 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. 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

December 7, 2001

Date