04990006
06-29-2000
) Petition No. 04990006
Jeanne Kirkpatrick v. Department of the Army
04990006
June 29, 2000
Jeanne Kirkpatrick, )
Petitioner, )
) Petition No. 04990006
v. ) Appeal No. 01966520
) Agency No. 94-05-0097
Louis Caldera, ) Hearing No. 310-95-5399X
Secretary, )
Department of the Army, )
Agency. )
____________________________________)
DECISION ON A PETITION FOR ENFORCEMENT
On October 21, 1998, the Equal Employment Opportunity Commission (EEOC or
Commission) docketed a petition for enforcement to examine the enforcement
of an order set forth in Jeanne Kirkpatrick v. Department of the Army,
Appeal No. 01966520 (July 14, 1998).<1> This petition for enforcement is
accepted by the Commission pursuant to 29 C.F.R. � 1614.503. Petitioner
claims that the agency failed to fully comply with the Commission's
order to promote her and to determine the appropriate amount of back
pay due her. For the reasons set forth below, the Commission finds that
the agency is in compliance and, therefore, the Petition is DENIED.
Petitioner filed a complaint in which she alleged that the agency
discriminated against her on the bases of race (Black), sex (female),
age (51) and in reprisal for prior EEO activity when the agency took the
following actions: (1) it nonselected her for a Realty Specialist position
on or about August 25, 1992: (2) it denied her various developmental
training assignments and promotions; (3) it abolished her job on or
about February 4, 1994;<2> and (4) it denied her training in real
estate acquisitions on or about April 7, 1994. Petitioner appealed
the agency's final decision dismissing her complaint to the Commission.
In EEOC Appeal No. 01966520, the Commission then found that the agency
had discriminated against petitioner when it did not select her for the
Realty Specialist position. Consequently, we issued an order which
provided, inter alia, that petitioner be promoted to the position of
Realty Specialist, GS-1170-05, or to a substantially equivalent position,
retroactive to the date in 1992 when she would have been promoted
absent discrimination. In addition, petitioner was to be promoted to
the GS-7, -9, and -11 levels, as applicable, retroactive to the dates
the original selectee was promoted to those levels in accordance with the
career track provisions of the Realty Specialist position. In addition,
the agency was to determine the appropriate amount of back pay (with
interest, if applicable) and other benefits due petitioner because of
the discrimination and promptly make restitution.
The order also specified that the agency had to conduct EEO training for
the selecting official who passed over petitioner, provide attorney's
fees if applicable, and submit a Report of Compliance to the Commission.
The matter was then assigned to a Compliance Officer and docketed as
Compliance No. 06981646 on July 22, 1998.
On September 29, 1998, petitioner submitted the petition for enforcement
at issue. Petitioner contends that the agency failed to promote her
or determine the appropriate amount of back pay due her, that it did
not advise her that EEO training had been conducted or send her a
copy of the Report of Compliance with supporting documentation of the
agency's calculation of back pay and other benefits due her, or send
any attorney's fees. Finally, petitioner states that the agency has
not returned her to work.
In response to petitioner's petition, the agency states that petitioner
was retroactively promoted as specified in the Commission's order, and
encloses copies of the Standard Form 50-B generated for each retroactive
promotion. It also encloses a copy of the Standard Form 50-B showing
that petitioner was not brought back to duty in the GS-1170-11 Realty
Specialist position because she was removed from Federal Service on
June 6, 1997, as an Accounting Technician GS-0525-05, for being absent
without leave.
Further, the agency encloses payroll work sheets showing the difference
between petitioner's actual salary received and the salary she should
have been paid as a Realty Specialist, as proof that she received the
appropriate amount of back pay. It also encloses records of EEO training
for the selecting official and other management officials to address
their responsibilities with respect to eliminating discrimination in the
Federal workplace. In addition, the agency states that it is processing
the claim for attorney's fees which was submitted to the agency and
encloses a copy of a letter to petitioner's attorney asking for items
needed to complete the claim processing.
Accordingly, based on the agency actions as outlined above, the Commission
determines that the agency has complied with the Order set forth in EEOC
Appeal No. 01966520 (July 14, 1998), and the Petition for Enforcement
is therefore DENIED.
STATEMENT OF PETITIONER'S RIGHTS ON PETITION FOR ENFORCEMENT
RIGHT TO FILE A CIVIL ACTION (P1199)
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:
June 29, 2000
Date Carlton M. Hadden, Acting Director
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
2Subsequent to the filing of her complaint, petitioner was
noncompetitively promoted to the position of Voucher Examiner, GS-05,
on December 12, 1994.