Barbara E. Douglas, Complainant,v.Louis Caldera, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionMar 15, 2000
05980730 (E.E.O.C. Mar. 15, 2000)

05980730

03-15-2000

Barbara E. Douglas, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.


Barbara E. Douglas v. Department of the Army

05980730

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.