04990047
11-30-2000
Betty J. Stage, Petitioner, v. Alexis M. Herman, Secretary, Department of Labor, Agency.
Betty J. Stage v. Department of Labor
04990047
November 30, 2000
.
Betty J. Stage,
Petitioner,
v.
Alexis M. Herman,
Secretary,
Department of Labor,
Agency.
Petition No. 04990047
Appeal No. 01981771
Agency Nos. 4-11-152, 5-11-108
DECISION ON PETITION FOR CLARIFICATION
The Equal Employment Opportunity Commission (hereinafter, EEOC or
Commission) has docketed a petition for clarification from Betty J. Stage
(hereinafter, petitioner) requesting clarification of the Commission's
Order in Stage v. Department of Labor, EEOC Appeal No. 01981771 (June
23, 1999). This petition is accepted by the Commission in accordance
with EEOC Regulation 29 C.F.R. � 1614.503(c).
The issue presented in this petition is the effect of the Commission's
previous decision on petitioner's claim of $20,000 in lost salary.
In EEOC Appeal No. 01981771 (June 23, 1999), the Commission found that
the petitioner prevailed on her breach of settlement agreement claim,
the Commission reversed the agency's finding of no breach and ordered
the agency to take the following remedial action:
. . . specifically implement the December 4, 1995 settlement agreement,
in particular provision six, insuring that the Acting Director,
as point of contact, only divulges the information as specified in
provision six when appropriate.
. . . request from [petitioner] a verified statement of costs and
attorney's fees for [petitioner's] attorney's work on the breach
allegation on which [petitioner] prevailed in accordance with 29
C.F.R. � 1614.501 and the provision below.
Furthermore, the agency was required to provide the Commission with a copy
of the documentation indicating that it was specifically enforcing the
agreement and a copy of the request to petitioner regarding attorney's
fees.
On August 12, 1999, petitioner filed a petition for clarification in which
she stated that although the Commission found that the agency breached
the December 4, 1995 settlement agreement, the Commission failed to
address her claim for $20,000 in lost salary.
In response to petitioner's arguments, the agency stated that
the Commission's Decision in EEOC Appeal No. 01981771 found that
petitioner is not entitled to monetary damages. The agency noted that
in her original appeal, petitioner raised numerous breach allegations.
The agency noted that one of those claims concerned an anonymous letter
written to the Supreme Court of Ohio which petitioner alleged resulted
in an initial determination that she was unfit to practice law in Ohio.
Petitioner claimed that during the ten months that it took to appeal this
determination, she was unable to practice law in Ohio and, as a result,
lost $20,000 in income. The agency claimed that since the Commission
found that petitioner did not establish a breach of settlement agreement
with regard to the anonymous letter, petitioner is not able to recover
damages from the agency resulting from that action.
The record reveals that in EEOC Appeal No. 01981771, petitioner
claimed that the December 4, 1995 settlement agreement was breached
by an anonymous letter allegedly sent by an agency employee to the Ohio
Supreme Court and by a statement from the Acting Director to a journalist.
Petitioner claimed that as a result of the anonymous letter, her admission
to the Ohio bar was delayed and that she was reassigned to a lower paying
position which caused her to lose $20,000 in salary. The Commission
found that the anonymous letter did not breach the settlement agreement.
The Commission decided, however, that the Acting Director's statement
to a member of the media breached the terms of the December 4, 1995
settlement agreement. Since petitioner claimed that the $20,000 in
lost salary was a result of the anonymous letter and the Commission held
that the anonymous letter did not constitute a breach of the settlement
agreement, the Commission's previous decision found that petitioner
was not entitled to $20,000 in lost salary. Thus, the only actions the
agency was required to take as a result of the Commission's decision in
EEOC Appeal No. 01981771 were to specifically implement provision six of
the agreement and request a verified statement of costs and attorney's
fees from petitioner's attorney. The agency has submitted documentation
that it complied with both of these provisions.
Accordingly, petitioner's petition for clarification is DENIED.
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
November 30, 2000
__________________
Date