Russell Hardin, Petitioner,v.Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity CommissionOct 9, 2003
04A30011_r (E.E.O.C. Oct. 9, 2003)

04A30011_r

10-09-2003

Russell Hardin, Petitioner, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.


Russell Hardin v. Department of Veterans Affairs

04A30011

October 9, 2003

.

Russell Hardin,

Petitioner,

v.

Anthony J. Principi,

Secretary,

Department of Veterans Affairs,

Agency.

Petition No. 04A30011

Appeal No. 01993857

Agency No. 97-1819

Hearing No. 310-98-5158

DECISION ON A PETITION FOR CLARIFICATION

On October 24, 2002, the Equal Employment Opportunity Commission (EEOC or

Commission) docketed a petition for clarification to clarify the order

set forth in Russell Hardin v. Department of Veterans Affairs, EEOC

Appeal No. 01993857 (March 11, 2002). This petition for clarification

is accepted by the Commission pursuant to 29 C.F.R. � 1614.503.

Complainant filed a complaint in which he alleged that the agency

discriminated against him on the bases of race (African-American), sex

(male), and in reprisal for prior EEO activity. Complainant appealed

the agency's final decision finding no discrimination to the Commission.

In EEOC Appeal No. 01993857, the Commission found that complainant was

subjected to discrimination on the bases of race, sex and reprisal when

he was singled out for �unusually harsh treatment�, which created a

hostile work environment. The Commission ordered the agency to issue

complainant a check for $2,500.00, provide at least eight (8) hours of

Title VII training to the responsible management official, and post an

attached Notice. Additionally, the Commission found that complainant

would be entitled to attorney's fees and costs, upon submission of the

requisite request and supporting documentation, and remanded this issue

to the agency.

On October 24, 2002, the Commission docketed the petition for

clarification at issue. Specifically, in this decision the Commission

addresses the agency's compliance with the award of attorney's fees

and costs.

Upon review, we find that the agency is in compliance with the Order set

forth in EEOC Appeal No. 01993857 (March 11, 2002). The Commission's

previous decision found that complainant would be entitled to attorney's

fees and costs, upon submission of the requisite request and supporting

documentation, and remanded this issue to the agency. Specifically,

the Order directed complainant, through counsel, to submit a request

for attorney's fees and costs to the agency. The Order provided that no

later than sixty (60) days after the agency's receipt of the attorney's

fees statement, the agency shall issue a decision addressing the issue

of attorney's fees and costs. The agency contends, without dispute

from complainant, that there was no claim for fees and costs submitted

by an attorney in the present case. The Commission finds that since no

fee claim was submitted by complainant's attorney, the agency was not

required to issue a decision addressing attorney's fees and costs.

CONCLUSION

We find that the agency fully complied with the provision of the

Commission's Order in EEOC Appeal No. 01993857 (March 11, 2002) concerning

attorney's fees and costs.

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

October 9, 2003

__________________

Date