04a10019
08-05-2003
Sofjan Bahaudin, Petitioner, v. Thomas E. White, Secretary, Department of the Army, Agency.
Sofjan Bahaudin v. Department of the Army
04A10019
August 5, 2003
.
Sofjan Bahaudin,
Petitioner,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Petition No. 04A10019
Appeal No. 01993594
Agency No. AVKCFO9504F0230
Hearing No. 340-96-3108X
DECISION ON A PETITION FOR ENFORCEMENT
On January 3, 2001, the Equal Employment Opportunity Commission (EEOC or
Commission) docketed a petition to examine the enforcement of an order
set forth in Sofjan Bahaudin v. Department of the Army, EEOC Appeal
No. 01993594 (September 13, 2000). This petition for enforcement is
accepted by the Commission pursuant to 29 C.F.R. � 1614.503. For the
reasons that follow, the Commission finds that the agency is in full
compliance with our order.
Petitioner filed a complaint in which he alleged that the agency
discriminated against him on the basis of in reprisal for prior
EEO activity when, in pertinent part, he was not selected for the
position of General Engineer (GS-0810-13) in January 1995. The agency
accepted the complaint for investigation. At the conclusion of the
investigation, petitioner received a copy of the investigative report and,
by letter dated September 25, 1995, requested a hearing before an EEOC
Administrative Judge (AJ). After the hearing, the AJ found that the
agency had discriminated against petitioner as alleged. In its final
decision, the agency reversed the AJ's findings. Petitioner appealed
the agency's final decision to the Commission, which reversed the final
agency decision upon concluding that the AJ's finding of discrimination
was appropriate. See Bahaudin v. Department of the Army, EEOC Appeal
No. 01993594 (September 13, 2000).
In its order for corrective action to remedy the discrimination, the
Commission mandated the agency, inter alia, to �front pay the [petitioner]
at the GS-13 level until he can be placed into a position of comparable
salary, skills, and responsibilities, at no less than the GS-13 level.�
We note that the petitioner does not challenge whether he was awarded
front pay at the GS-13 level; the sole issue before us is whether the
agency offered petitioner a position comparable in salary, skills, and
responsibilities to the GS-13 position for which he was not selected in
January 1995.
The evidence of record indicates that the agency, pursuant to our
order, offered petitioner a GS-13 Engineering position by letter,
dated October 12, 2000. A review of the position description indicates
that the position offered is the same or substantially equal in all
relevant aspects to the position for which petitioner was not selected in
January 1995. Notwithstanding that, however, petitioner contends that
his medical condition, namely, major depression and anxiety, was caused
by the discrimination at the facility in which the offered position was
located, and therefore the agency should have offered him a position in a
different facility. But the order at issue herein essentially mandated
the agency to offer complainant a position comparable to the GS-13
position for which he was not selected. The management officials accused
by complainant of being the cause of his medical condition were either no
longer working at the facility or would not have been in complainant's
chain of command had he accepted the position. For that reason, it is
our holding that the agency is in compliance with the EEOC order at issue.
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
August 5, 2003
__________________
Date