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