05a20533
10-29-2002
Terri L. (Rose) Greene, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Terri L/ (Rose) Greene v. VA
05A20533
October 29, 2002
.
Terri L. (Rose) Greene,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A20533
Appeal No. 01A03511
Agency Nos. 98-0397, 98-1744
DENIAL OF REQUEST FOR RECONSIDERATION
The agency initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Terri
L. (Rose) Greene v. Dept. of Veterans Affairs, EEOC Appeal No. 01A03511
(February 26, 2002). EEOC Regulations provide that the Commission may,
in its discretion, reconsider any previous Commission decision where the
requesting party demonstrates that: (1) the appellate decision involved
a clearly erroneous interpretation of material fact or law; or (2)
the appellate decision will have a substantial impact on the policies,
practices, or operations of the agency. See 29 C.F.R. � 1614.405(b).
After a review of the agency's request for reconsideration, the
previous decision, and the entire record, the Commission finds that the
request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it
is the decision of the Commission to deny the request. The decision
in EEOC Appeal No. 01A03511 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration. The agency shall
comply with the Order as set forth below:
ORDER
The agency is ordered to take the following remedial action:
Within fifteen (15) calendar days of the date this decision becomes
final, the agency shall give complainant a notice of her right to
submit objective evidence (pursuant to the guidance given in Carle
v. Department of the Navy, EEOC Appeal No. 01922369 (January 5, 1993))
and request objective evidence from complainant in support of her
request for compensatory damages within forty-five (45) calendar days
of the date complainant receives the agency's notice. The agency shall
provide complainant with sufficient explanation and specificity to
allow her to reasonably respond to the agency's request. Upon receipt
of complainant's submission, the agency shall conduct a supplemental
investigation to determine the amount of compensatory damages due to
complainant, if any, and issue a final agency decision. The supplemental
investigation and final agency decision shall be completed within 60 days
of the date the agency receives complainant's submission of objective
evidence in accordance with 29 C.F.R. 1614.108(f). A copy of the final
agency decision and supplemental investigation must be transmitted to
complainant. A copy of the final agency decision must be submitted to
the Compliance Officer, noted below.
Within thirty (30) calendar days of the date this decision becomes
final and the agency receives information from complainant regarding
any un-reimbursed costs, the agency shall reimburse complainant for
the cost of her ACLS certification, plus interest.
Within thirty (30) calendar days of the date this decision becomes final,
the agency shall expunge any negative comments in complainant's official
personnel file with regard to the agency practices that found to be
discriminatory or acts of reprisal or retaliation.
Within sixty (60) calendar days of the date this decision becomes final,
the agency is directed to provide sensitivity and EEO training for the
responsible management official at the agency's VA Medical Center
addressing his or her responsibilities with respect to eliminating
discrimination in the workplace with an emphasis on retaliation and the
current state of the law on employment discrimination.
The agency shall consider taking disciplinary action against the
responsible official, if still employed, who was identified as being
responsible for the discriminatory decision to retaliate against
complainant. If the agency decides to take disciplinary action, it
shall identify the action taken. If the agency decides not to take
disciplinary action, it shall set forth the reason(s) for its decision
not to impose discipline. The agency shall report its decision to the
Compliance Officer, noted below.
The agency is further directed to submit a report of compliance, as
provided in the statement entitled "Implementation of the Commission's
Decision." The report shall include supporting documentation of the
agency's calculation of back pay and other benefits due complainant,
including evidence that the corrective action has been implemented.
POSTING ORDER (G0900)
The agency is ordered to post at its Urgent Care VA Medical Center,
Las Vegas facility copies of the attached notice. Copies of the notice,
after being signed by the agency's duly authorized representative, shall
be posted by the agency within thirty (30) calendar days of the date
this decision becomes final, and shall remain posted for sixty (60)
consecutive days, in conspicuous places, including all places where
notices to employees are customarily posted. The agency shall take
reasonable steps to ensure that said notices are not altered, defaced,
or covered by any other material. The original signed notice is to be
submitted to the Compliance Officer at the address cited in the paragraph
entitled "Implementation of the Commission's Decision," within ten (10)
calendar days of the expiration of the posting period.
ATTORNEY'S FEES (H0900)
If complainant has been represented by an attorney (as defined by
29 C.F.R. � 1614.501(e)(1)(iii)), she is entitled to an award of
reasonable attorney's fees incurred in the processing of the complaint.
29 C.F.R. � 1614.501(e). The award of attorney's fees shall be paid
by the agency. The attorney shall submit a verified statement of fees
to the agency -- not to the Equal Employment Opportunity Commission,
Office of Federal Operations -- within thirty (30) calendar days of this
decision becoming final. The agency shall then process the claim for
attorney's fees in accordance with 29 C.F.R. � 1614.501.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
complainant. If the agency does not comply with the Commission's order,
complainant may petition the Commission for enforcement of the order.
29 C.F.R. � 1614.503(a). The complainant also has the right to file
a civil action to enforce compliance with the Commission's order
prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).
Alternatively, complainant has the right to file a civil action on the
underlying complaint in accordance with the paragraph below entitled
"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.
A civil action for enforcement or a civil action on the underlying
complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)
(1994 & Supp. IV 1999). If complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 29 C.F.R. � 1614.409.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. In the alternative, you may file a
civil action after one hundred and eighty (180) calendar days of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. 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 29, 2002
__________________
Date
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
An Agency of the United States Government
This Notice is posted pursuant to an Order by the United States Equal
Employment Opportunity Commission, dated , which found that
a violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. �2000e et seq. has occurred at this facility.
Federal law requires that there be no retaliation or discrimination
against any employee or applicant for employment because of the person's
RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, or DISABILITY with
respect to hiring, firing, promotion, compensation, or other terms,
conditions or privileges of employment.
The United States Department of Veterans Affairs Medical Center, Las
Vegas, Nevada (the VA Medical Center), supports and will comply with
such Federal law and will not take action against individuals because
they have exercised their rights under law or offered evidence in support
of such individuals.
The VA Medical Center was found to have violated Title VII when it
harassed and discriminated against an employee, with respect to her
rating, leave, and work environment, based on her engaging in protected
Title VII activity. The VA Medical Center has been ordered to remedy the
employee affected by the Commission's finding that she was harassed and
discriminated against in reprisal for her prior EEO activity. As a remedy
for the discrimination, the agency was ordered, among other things, to (1)
restore her rating, lost salary and out of pocket expenses to complainant;
(2) expunge any negative comments in the record regarding complainant;
(3) provide training in employment discrimination law to the responsible
agency officials; (4) award reasonable attorney's fees, if applicable; and
(5) post this notice. In addition, the VA Medical Center was ordered to
submit a compliance report to the Commission verifying the completion of
all ordered corrective action. The Department of Veterans Affairs will
ensure that officials responsible for personnel decisions and terms and
conditions of employment will abide by the requirements of all Federal
equal employment opportunity laws.
The VA Medical Center will not in any manner restrain, interfere, coerce,
or retaliate against any individual who exercises his or her right to
oppose practices made unlawful by, or who participates in proceedings
pursuant to, Federal equal employment opportunity law.
________________________
Date Posted: ________________
Posting Expires: _____________
29 C.F.R. Part 1614