05980722
03-15-2000
Barbara E. Douglas, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Barbara E. Douglas v. Department of the Army
05980722
March 15, 2000
Barbara E. Douglas, )
Complainant, )
) Request Nos. 05980722; 05980730
v. ) Appeal Nos. 01963661; 01963662
) Agency Nos. 94-05-0145;
Louis Caldera, ) 94-11-0003
Secretary, ) Hearing Nos. 220-95-5305X;
Department of the Army, ) 220-95-5308X
Agency. )
)
DENIAL OF REQUESTS FOR RECONSIDERATION
On May 4, 1998, the Department of the Army (hereinafter referred to as the
agency) timely initiated requests to the Equal Employment Opportunity
Commission (the Commission) to reconsider the decisions in Barbara
E. Douglas v. Robert M. Walker, Acting Secretary, Department of the
Army, EEOC Appeal Nos. 01963661 and 01963662 (April 6, 1998). On May
11, 1998, Barbara E. Douglas (hereinafter referred to as complainant)
timely initiated a request to the Equal Employment Opportunity Commission
to reconsider the decision in Barbara E. Douglas v. Robert M. Walker,
Acting Secretary, Department of the Army, EEOC Appeal No. 01963661 (April
6, 1998). Complainant received the previous decision on April 11, 1998.
EEOC regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision where the party demonstrates that:
(1) the previous decision involved a 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.
64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. �1614.405(b)).<1> For the reasons that follow,
the agency's requests and complainant's requests are denied.
After a review of the complainant's request for reconsideration,
the agency's requests for reconsideration, the previous decisions,
and the entire record, the Commission finds that the complainant's
request and the agency's requests fail to meet any of the criteria of 29
C.F.R. �1614.405(b), and it is the decision of the Commission to deny
the complainant's request and the agency's requests. The decision of
the Commission in EEOC Appeal Nos. 01963661 and 01963662 (April 6, 1998)
remains the Commission's final decisions. There is no further right of
administrative appeal from a decision of the Commission on a request for
reconsideration. The agency is directed to comply with the Order, below.
ORDER (D1092)
The agency is ORDERED to take the following remedial action:
A. The agency shall provide training for complainant's former supervisor
and other responsible management officials with regard to their EEO
responsibilities, especially the elimination of discrimination based
on sex in the workplace and their obligation to prevent unlawful
consideration of prior EEO activity.
B. With regard to the finding of discrimination in Complaint
No. 94-11-0003, the agency shall request objective evidence from
complainant in support of her claim for compensatory damages within 30
days of the date this decision is received. 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 complainant's
submission of objective evidence. 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, as described, below.
C. 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
demonstrating that the agency has complied with the provisions of this
Order and that corrective action has been implemented.
POSTING ORDER (G1092)
The agency is ORDERED to post at the U.S. Army Recruiting Battalion in
Cleveland, Ohio, 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 (H1199)
If complainant has been represented by an attorney (as defined by 64
Fed. Reg. 37,644, 37,659-60 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. � 1614.501(e)(1)(iii)), he/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 (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).
STATEMENT OF COMPLAINANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
March 15, 2000
Date Carlton Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
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, 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 privilege of employment.
The U.S. Army Recruiting Battalion, Department of the Army, Cleveland,
Ohio, supports and will comply with such Federal law and will not
take action against individuals because they have exercised their
rights under the law. It has remedied the employee affected by the
Commission's finding by, inter alia, providing training to supervisory
personnel, including training in the federal EEO laws with regard to sex
and reprisal discrimination, and compensatory damages, if appropriate.
The U.S. Army Recruiting Battalion, Department of the Army, Cleveland,
Ohio, will ensure that officials responsible for personnel decisions
and terms and conditions of employment will abide by the requirements
of all federal equal employment laws and will not subject employees to
discrimination based on sex and reprisal.
The U.S. Army Recruiting Battalion, Department of the Army, Cleveland,
Ohio, 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 participated in proceedings pursuant
to, Federal equal employment opportunity law.
Date Posted:
Posting Expires:
1On 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.