Ruthie L. Windsor, Petitioner,v.R.L. Brownlee, Acting Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionOct 7, 2003
04A20037_r (E.E.O.C. Oct. 7, 2003)

04A20037_r

10-07-2003

Ruthie L. Windsor, Petitioner, v. R.L. Brownlee, Acting Secretary, Department of the Army, Agency.


Ruthie L. Windsor v. Department of the Army

04A20037

October 7, 2003

.

Ruthie L. Windsor,

Petitioner,

v.

R.L. Brownlee,

Acting Secretary,

Department of the Army,

Agency.

Petition No. 04A20037

Appeal No. 01A21090

Agency No. BQEGFO0103B0070

DECISION ON A PETITION FOR ENFORCEMENT

The Equal Employment Opportunity Commission (EEOC or Commission)

docketed a petition for enforcement from Ruthie L. Windsor (hereinafter,

petitioner) requesting enforcement of the Commission's Order in Ruthie

L. Windsor v. Department of the Army, EEOC Appeal No. 01A21090 (April

30, 2002). This petition for enforcement is accepted by the Commission

pursuant to 29 C.F.R. � 1614.503.

In EEOC Appeal No. 01A21090, the Commission found that the agency did

not breach provision 3(b) of the April 12, 2001 settlement agreement.

The Commission also found that the agency breached a portion of provision

3(a) of the settlement agreement. The Commission ordered the agency

to take the following actions:

The agency is ORDERED to specifically enforce provision 3(a) of

the settlement agreement. Within 30 days of the date this decision

becomes final, Mr. X shall discuss the finalized job description with

Complainant and provide her a copy, if desired. The agency shall provide

documentation (e.g., a statement signed by complainant and/or Mr. X

confirming the discussion) of the specific enforcement of the subject

agreement to the Compliance Officer as referenced herein.

Petitioner filed a petition with the Commission in which she stated that

the agency failed to implement the relief ordered by the Commission in

EEOC Appeal No. 01A21090. Specifically, she argues that the agency, "was

ordered to comply with all corrective actions, specifically paragraph

3a of the NSA, not part of paragraph 3a but the whole paragraph."

(emphasis original)

The Commission in EEOC Appeal No. 01A21090 found that the agency was

in breach of provision 3(a) when, "the final position description was

submitted without a discussion with complainant." The Commission found

that complainant had not shown breach of any other portion of provision

3(a). The agency argues that it is in compliance with the Commission's

Order. The record includes a memorandum for the record dated May

31, 2002. The memorandum states, in pertinent part, the following:

[Petitioner] and [Mr. X] met today to discuss her finalized position

description. [Petitioner] was given the position description along with

a memorandum to be signed by [COL Y] delegating position classification

authority to CPOC. [Mr. X] told [petitioner] that the position description

that she submitted to [Mr. X] on 30 May 2002 was not changed and would be

forwarded to CPOC for classification as she had submitted. [Petitioner]

requested some time to review the position description. [Petitioner]

completed her review and provided the attached email confirming our

discussion.

. . . .

A copy of this MFR, position description, and memorandum signed by [COL

Y] delegating position classification authority to CPOC were given to

[petitioner] on 31 May 2002.

The memorandum was signed by Mr. X, as well as petitioner on May 31, 2002.

Upon review, we find that the agency complied with the Commission's Order

in EEOC Appeal No. 01A21090. The previous decision ordered the agency

to specifically implement the terms of the April 12, 2001 settlement

agreement by discussing the finalized job description with petitioner.

As suggested in the order, the agency provided a copy of a statement

signed by petitioner and Mr. X confirming the discussion. Accordingly,

we find the agency complied with our previous decision in EEOC Appeal

No. 01A21090.

The petitioner's Petition for Enforcement is DENIED.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)

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. If you

file a request to reconsider and also file a civil action, 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

October 7, 2003

__________________

Date