05990513
07-13-2000
Andrea R. Ramsey, et al., Complainants, v. Kenneth S. Apfel, Commissioner, Social Security Administration, Agency.
Andrea R. Ramsey, et al. v. Social Security Administration
05990513-520
July 13, 2000
Andrea R. Ramsey, et al., <1> )
Complainants, )
)
v. ) Request Nos. 05990513-520
) Appeal Nos. 01981123, 1124, 1126-1131
) Agency Nos. 95-0453-460 (SSA)
Kenneth S. Apfel, ) Hearing Nos. 340-96-3907-3915
Commissioner, )
Social Security Administration, )
Agency. )
________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On March 15, 1999, Audrey R. Ramsey, et al. (complainants) initiated
requests to the Equal Employment Opportunity Commission (EEOC) to
reconsider eight decisions involving the Social Security Agency, EEOC
Appeal No. 01981123, 1124, 1126-1131 (February 9, 1999).<2> In 64
Fed. Reg. 37644, 37659 (1999) (to be codified and hereinafter referred to
as 29 C.F.R. � 1614.405), EEOC regulations provide that the Commissioners
may, in their discretion, reconsider any previous decision where the
party demonstrates that: (1) the previous decision involved clearly
erroneous interpretation of material fact or law; or (2) the decision
will have a substantial impact on the policies, practices, or operation
of the agency. 29 C.F.R. � 1614.405(b).
The previous decisions upheld an administrative judge's (AJ) findings of
discrimination based on race and color with respect to the non-selection
of complainants to the position of Claims Representative. However,
the previous decisions found that none of the complainants at issue
herein would have received the position in question because of they
were not fluent in Spanish as required by the position.<3> The previous
decision noted that the agency, rather than posting the vacancy, gave the
position to one employee who was not qualified for the position. Among
the relief ordered was that the agency was to give the complainants the
opportunity to apply for any and all promotions in the agency, provide
copies of vacancy announcements, post vacancy announcements, and provide
assistance in applying for promotions. The agency was also enjoined from
ever again engaging in the concealment of vacancy announcements. The
previous decisions noted that complainants were entitled to compensatory
damages and as such remanded the matter to the agency for a supplemental
investigation on the matter. In the requests for reconsideration, all of
the complainants seek to be given priority consideration. The Commission
notes that none of the complainants would have received the position
and the agency has been instructed to give the appropriate weight to
experience in evaluating applications. As such, the Commission finds no
reason to change that portion of the Order in the previous decisions.
Complainants' arguments fail to meet the criteria for review and are
denied.
The Commission notes that the agency was directed to conduct a
supplementary investigation pertaining to the complainants' entitlements
to compensatory damages. Complainant has sixty (60) days to submit
additional evidence to the agency in support of her claim for compensatory
damages. The agency is to complete its supplementary investigation within
30 days from receipt of complainant's additional evidence in support of
her claim for compensatory damages.
Accordingly, complainants' requests for reconsideration are denied. The
decisions in EEOC Appeal Nos. 01981123, 01981124, and 01981126-1131
remain the Commission's final decisions in this manner. There is no
further right of administrative appeal from a decision of the Commission
on these requests for reconsideration.
ORDER
The agency is ORDERED to take the following remedial action:
Complainants shall be given the opportunity to apply for any and all
promotions in their agency;
Complainants shall be given copies of all vacancy announcements for
advancement from their jobs as a Service Representative for the next
two years;
All vacancy announcements shall be posted in conspicuous places
accessible to all Service Representatives in the Inglewood office;
Complainants shall be offered training and assistance in responding
to vacancy announcements;
The agency is enjoined from ever again engaging in the concealment
of vacancy announcements for career positions, whatever their source,
and is ordered to distribute and post such announcements whenever the
issuing authority permits it;
The Inglewood office is directed to give weight to experience that
is called for in any job announcement and not unilaterally ignore its
value in favor of formal education; and
The agency shall post at its Inglewood, California, office 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.
The agency shall provide immediate training to the agency
officials involved in this matter concerning their obligations and
responsibilities under the Federal employment discrimination laws.
The agency shall conduct a supplementary investigation pertaining to
complainants' entitlement to compensatory damages incurred as a result
of the agency's discriminatory actions. See Feris v. Environmental
Protection Agency, EEOC Appeal No. 01934828 (August 10, 1995),
request to reconsider denied, EEOC Request No. 05950936 (July 19,
1996); Rivera v. Dept. of the Navy, EEOC Appeal No. 01934157 (July 22,
1994); Carle v. Dept. of the Navy, EEOC Appeal No. 01922369 (January 5,
1993). See also, Cobey Turner v. Dept. of the Interior, EEOC Appeal
Nos. 01956390 and 01960518 (April 27, 1998); Jackson v. United States
Postal Service, EEOC Appeal No. 01923399 (November 12, 1992), request
for reconsideration denied, EEOC Request No. 05930306 (February 1,
1993). The agency shall afford complainants sixty days to submit
additional evidence in support of their claim for compensatory damages.
Within thirty (30) days of its receipt of complainants' evidence,
the agency shall issue a final decision determining each complainants'
entitlement to compensatory damages, together with appropriate appeal
rights.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K1199)
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 the
complainant. If the agency does not comply with the Commission's order,
the 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 64
Fed. Reg. 37,644, 37,659-60 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. �� 1614.407, 1614.408), and 29 C.F.R. �
1614.503(g). Alternatively, the 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)(Supp. V 1993). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 64 Fed. Reg. 37,644, 37,659 (1999)
(to be codified and hereinafter referred to as 29 C.F.R. � 1614.409).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (R0400)
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:
July 13, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
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, as amended,
42 U.S.C. �2000e et seq. has occurred at this facility.
Federal law requires that there be no discrimination against any employee
or applicant for employment because of the person's RACE, COLOR, RELIGION,
SEX, NATIONAL ORIGIN, AGE, or PHYSICAL or MENTAL DISABILITY with respect
to hiring, firing, promotion, compensation, or other terms, conditions
or privileges of employment. The Social Security Administration,
Inglewood, California reaffirms its commitment to comply with these
statutory provisions.
The Inglewood, California, office supports and will comply with such
Federal law and will not take action against individuals because they
have exercised their rights under law.
The Inglewood, California office was found to have discriminated against
the individuals affected by the Commission's finding on the bases of
her their race and color when they were not given the opportunity to
apply for a Claims Representative position. The Commission has ordered
that complainants be given the opportunity to apply for all future
vacancies, that all vacancy announcements be posted and not concealed
from employees, and that experience not be unilaterally ignored in
favor of formal education when permitted by a vacancy announcement. The
Inglewood, California office 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
and will not retaliate against employees who file EEO complaints.
The Inglewood, California, office 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: ________________
1The instant decision covers the nearly identical requests for
reconsideration of nine complainants. The complainants are Andrea
R. Ramsey (Appeal No. 01981129, Request No. 05990513), Virginia
D. Madrigal (Appeal No. 01981123, Request No. 05990514), Stephanie
Murray (Appeal No. 01981127, Request No. 05990515), Eloise W. Carter
(Appeal No. 01981131, Request No. 05990516), Beverly J. Foster (Appeal
No. 01981130, Request No. 05990517), Carla J. Hayes-Cooper (Appeal
No. 01981128, Request No. 05990518), Diane Goode (Appeal No. 01981124,
Request No. 05990519), and Krystal L. Fletcher (Appeal No. 01981126,
Request No. 05990520). A decision on the request filed by Alma K. Walker
is being issued separately.
2On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
3A tenth complainant, who had the requisite language skills, was found
to be the best qualified for the position. See Waters v. SSA, Appeal
No. 01981122 (February 9, 1999).