04a60033
07-13-2006
Deidra Golden, Petitioner, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.
Deidra Golden,
Petitioner,
v.
Michael Chertoff,
Secretary,
Department of Homeland Security,
Agency.
Petition No. 04A60033
Request No. 05A50050
Agency No. TD-02-2227T
DECISION ON A PETITION FOR ENFORCEMENT
On June 30, 2005, the Equal Employment Opportunity Commission (EEOC or
Commission) docketed a petition for enforcement to examine the enforcement
of an order set forth in Deidra Golden v. Department of Homeland Security,
Request No. 05A50050 (April 22, 2005). This petition for enforcement
is accepted by the Commission pursuant to 29 C.F.R. � 1614.503.
Petitioner previously filed a complaint in which she alleged that the
agency discriminated against her on the bases of race (African-American)
and reprisal (association with an individual who participated in
protected EEO activity) when on or about March 15, 2002, she was not
selected for the position of Drawback Specialist, GS-1894-7/9. In EEOC
Appeal No. 07A40016 (September 22, 2004), the Commission found petitioner
was subjected to retaliation when she was not selected for the position
of a Drawback Specialist. The Commission awarded, among other things,
retroactive promotion to the position of Drawback Specialist, GS-7; back
pay and benefits with interest; $15,000.00 in compensatory damages; and
attorney's fees. However, the Commission declined to award petitioner
a promotion to the GS-9 level.
Thereafter, petitioner requested reconsideration of the decision in
EEOC Appeal No. 07A40016. In EEOC Request No. 05A50050 (April 22,
2005), the Commission issued a decision modifying the Order in its
original appellate decision. The Commission determined that petitioner
established that the Drawback Specialist position was a career-ladder
position with promotion potential to the GS-12 level, and found that
petitioner was entitled to promotion to the GS-9 level. The Commission
awarded, inter alia, retroactive promotion to the career ladder position
of Drawback Specialist, GS-9; back pay and other benefits with interest;
$15,000.00 in compensatory damages; and attorney's fees.
On June 30, 2005, petitioner submitted the petition at issue. Petitioner
contends that the agency failed to issue a decision on her attorney's
fees petition within sixty days of its submission.
Upon review, we find that the agency is in compliance with the Order set
forth in EEOC Request No. 05A50050 (April 22, 2005). The Commission's
previous decision found that petitioner would be entitled to attorney's
fees and costs, upon submission of the requisite request and supporting
documentation, and remanded this issue to the agency. Specifically,
the Order directed petitioner, through counsel, to submit a request for
attorney's fees and costs to the agency. The Order provided that no
later than sixty (60) days after the agency's receipt of the attorney's
fees statement, the agency shall issue a decision addressing the issue
of attorney's fees and costs. The agency acknowledges petitioner
submitted a Verified Motion for Attorney's Fees and Costs to the Agency
dated April 28, 2005, requesting payment in the amount of $11,466.70.
The agency notes, however, that on June 3, 2005, it requested petitioner's
attorney provide a copy of a letter agreement which was referenced on
page three of the Verified Motion for Attorney's Fees and Costs which
reflected petitioner's obligation to pay the hourly fees requested in the
Verified Motion. The agency acknowledged that by letter dated June 3,
2005, petitioner's attorney provided the requested letter of engagement
which it forwarded to the agency's Compliance Officer for payment of
attorney's fees and costs. The record contains a Declaration from the
Compliance Officer assigned to this case stating that she processed
petitioner's request for attorney's fees and forwarded that request to
the Office of the Assistant Commissioner for Field Operations requesting
payment in the amount of $11,466.70. The Compliance Officer states that
the Office of Field Operations advised her that payment of attorney's
fees had been approved and was transmitted to the Customs and Border
Protection's Office of Finance, in Indianapolis, Indiana, on July 7,
2005, for final processing and distribution. The record contains a copy
of the Check Register reflecting a check was generated for petitioner's
attorney in the amount of $11,466.70 on July 26, 2005. In an August 1,
2005 letter, petitioner's attorney acknowledged receipt on that day of
a check from the agency in the amount of $11,466.70.
Upon review, we find that the agency complied with the provision of
the Commission's Order in EEOC Request No. 05A50050 (April 22, 2005)
concerning attorney's fees and costs and that there are no grounds to
award any additional fees or costs. Accordingly, petitioner's petition
for enforcement is DENIED.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
July 13, 2006
__________________
Date
2
01A54853
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
04A60033