05a10049
03-26-2001
Bonita J. Hovey, Complainant, v. Mel R. Martinez, Secretary, Department of Housing and Urban Development, Agency.
Bonita J. Hovey v. Department of Housing and Urban Development
05A10049
03-26-01
.
Bonita J. Hovey,
Complainant,
v.
Mel R. Martinez,
Secretary,
Department of Housing and Urban Development,
Agency.
Request No. 05A10049
Appeal No. 01973965
Agency No. SF-94-13
DENIAL OF REQUEST FOR RECONSIDERATION
The agency initiated a request to the Equal Employment Opportunity
Commission to reconsider the decision in Bonita J. Hovey v. Andrew
M. Cuomo, Secretary, Department of Housing and Urban Development, EEOC
Appeal No. 01973965 (August 31, 2000).<1> 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, complainant's
response, 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. 01973965 remains the Commission's final
decision. The agency is directed to comply with the order for relief
set forth in that decision, as reproduced below. There is no further
right of administrative appeal on the decision of the Commission on this
request for reconsideration.
ORDER (D0900)
The agency is ORDERED to take the following remedial action:
The agency shall revise complainant's position description so that it
accurately reflects the duties and responsibilities of her position as
a housing management specialist, GS-1173-11. The agency shall complete
this action within sixty (60) calendar days of the date that this decision
becomes final, and shall include a copy of complainant's revised position
description with its report of compliance, referenced below.
The agency shall provide complainant with training and developmental
assignments of the same type and quality as those given to the comparator
between 1992 and October 1993. The agency shall, within sixty (60)
calendar days of the date that this decision becomes final, prepare an
individual development plan (IDP) for complainant establishing that,
within two years of the date of the IDP, complainant will be afforded
the necessary training and development assignments. It shall include a
copy of this IDP with its report of compliance, referenced below.
The issue of compensatory damages is REMANDED to the agency. The agency
shall conduct a supplemental investigation of the compensatory damages
issue. Complainant shall submit any evidence in support of her claim
for compensatory damages to the agency investigator no later than thirty
(30) days after this decision becomes final. The agency shall issue a
final decision addressing the issue of compensatory damages, together
with a check for the amount of compensatory damages actually awarded,
if any, no later than sixty (60) days after the date that this decision
becomes final. The agency shall submit a copy of the final decision to
the Compliance Officer at the address set forth below.
The agency shall provide training for the supervisor identified in
Complaint No. SF 94-13, as to his responsibilities and obligations under
the statutes enforced by the Equal Employment Opportunity Commission.
The agency shall complete this action within sixty (60) days of the date
that this decision becomes final.
The agency shall post at its Sacramento 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 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 computation of compensatory damages, as well as documentary
evidence that the corrective action outlined in items (1) and (2) of
this order has been implemented.
Complainant shall cooperate in the agency's efforts to provide the relief
order above, including damages due, and shall provide all relevant
information requested by the agency. Complainant may petition for
enforcement or clarification of the amount in dispute. The petition for
clarification or enforcement must be filed with the Compliance Officer,
at the address referenced in the statement entitled "Implementation of
the Commission's Decision."
ATTORNEY'S FEES (H0900)
If complainant has been represented by an attorney (as defined by
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 (K0900)
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 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 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
__03-26-01________________
Date
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 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.