Dwight C. Norris, Complainant,v.Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity CommissionMar 14, 2000
04980025 (E.E.O.C. Mar. 14, 2000)

04980025

03-14-2000

Dwight C. Norris, Complainant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.


Dwight C. Norris v. Department of Veterans Affairs

04980025

March 14, 2000

Dwight C. Norris, )

Complainant, )

)

v. ) Petition No. 04980025

) Appeal No. 01974551

Togo D. West, Jr., )

Secretary, )

Department of Veterans Affairs, )

Agency. )

____________________________________)

DENIAL OF PETITION FOR ENFORCEMENT

On May 20, 1998, complainant requested enforcement of the agency's order

from Norris v. Department of Veterans Affairs, EEOC Appeal No. 01974551

(February 27, 1998). In that order, the Commission required the agency to

determine whether complainant's claims were acceptable for investigation.

The Commission reviews this petition pursuant to the provisions of

EEOC Regulation 29 C.F.R. � 1614.503. For the reasons set forth below,

the agency denies the petition.

In the prior decision, the Commission found that complainant raised

a claim of constructive discharge that the agency failed to address.

The Commission ordered the agency to issue a new final decision or notice

of processing regarding the claims raised in the complaint, including

constructive discharge. The deadline for this action was within thirty

days of the date the decision became final.

Petitioner contends that the agency did not issue a decision regarding

his claims, and asks that the Commission enforce its order from the prior

complaint. The agency provided a notice of processing, dated June 15,

1998, accepting two claims for investigation:

(1) On June 12, 1996, complainant was harassed when given an oral warning

regarding discussing concerns with other employees. Complainant believes

that this is an unequal application of rules and regulations on the

agency's part; and

(2) On July 20, 1996, complainant was forced to leave his employment

as a result of the alleged harassment.

Although the agency failed to comply with the time limits on the

Commission's order, complainant received the agency's decision shortly

after filing the present petition. Since complainant received all the

relief to which he was entitled under the order, and the order concerned

the continued processing of his complaint, the agency's failure to comply

with the time limits was harmless error. Accordingly, the Commission

denies complainant's petition for enforcement.

STATEMENT OF RIGHTS - ON PETITION FOR ENFORCEMENT

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 14, 2000

Date Carlton M. 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 Equal Employment Assistant