05A40372
02-27-2004
Erin E. Valentine v. Department of Justice
05A40372
February 27, 2004
.
Erin E. Valentine,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Request No. 05A40372
Appeal No. 07A30098
Agency No. P-2002-0173
Hearing No. 260-A2-8150X
DENIAL OF REQUEST FOR RECONSIDERATION
The Department of Justice (agency) timely initiated a request to the
Equal Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Erin E. Valentine v. Department of Justice, EEOC Appeal
No. 07A30098 (December 10, 2003). 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 thereto, 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. 12345678
remains the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on this request
for reconsideration.
ORDER (D0403)
The agency is ordered to offer complainant the position of Correction
Officer at a facility closest to her residence in Texas, or another
location to which complainant agrees, retroactive to February 12, 2002,
within 60 calendar days after this decision becomes final.
The agency is ordered to issue a check to complainant for the
appropriate amount of back pay and interest thereon, and provide
appropriate career-ladder and within-grade increases, seniority and
other benefits, less appropriate mitigation, under pertinent Office of
Personnel Management regulations and 29 C.F.R. � 1614.501, no later than
120 calendar days after this decision becomes final.<1> Complainant
is ORDERED to cooperate in the agency's efforts to compute the amount
of back pay, interest, and benefits due, and to provide all necessary
information the agency requests to help it comply. If complainant
declines to accept the offered position, back pay liability shall be
up to the effective start date the complainant is offered.
If there is a dispute regarding the exact amount of back pay
and/or benefits, the agency shall issue a check to complainant
for the undisputed amount within 60 calendar days of the date the
agency determines the amount it believes to be due. 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.�
The agency shall issue a check to complainant for $4,000 in compensatory
damages within 60 calendar days after this decision becomes final.
The agency shall expunge from complainant's official personnel file
and supervisory files documentation relating to her proposed removal
and forced resignation, and cancel her forced resignation.
The agency shall train the agency officials who still work for the
agency and were involved in the discriminatory action on disparate
treatment race and sex discrimination.<2> The instruction shall be
directed by a qualified trainer and be completed within 150 days after
this decision becomes final.
The agency shall consider taking disciplinary action against the
officials involved in the discrimination. If the agency decides to
take disciplinary action, it shall identify the action taken. If the
agency decides not to take disciplinary action, it shall set forth the
reason(s) for its decision toto impose discipline.
The agency is further directed to submit a report of its compliance, as
provided in the statement entitled, �Implementation of the Commission's
Decision.� The report shall include supporting documentation of the
agency's calculation of back pay and other benefits due complainant,
including evidence that the corrective action has been implemented.
POSTING ORDER (G0900)
The agency is ordered to post at its Bureau of Prisons, North Central
Region, Federal Correctional Institution, Oxford, Wisconsin facility
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 (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 (K0501)
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)
(1994 & Supp. IV 1999). 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 (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
February 27, 2004
__________________
Date
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 that 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 privileges of employment.
The Department of Justice, Bureau of Prisons, North Central Region,
Federal Correctional Institution, Oxford, Wisconsin, supports and
will comply with such Federal law and will not take action against
individuals because they have exercised their rights under law.
The Department of Justice, Bureau of Prisons, North Central Region,
Federal Correctional Institution, Oxford, Wisconsin, has been found to
have discriminated against the individual affected by the Commission's
finding. The Department of Justice, Bureau of Prisons, North Central
Region, Federal Correctional Institution, Oxford, Wisconsin, shall
reinstate the affected individual with back pay and benefits, and
shall pay the affected individual's proven compensatory damages.
The Department of Justice, Bureau of Prisons, North Central Region,
Federal Correctional Institution, Oxford, Wisconsin, will ensure that
officials responsible for personnel decisions and terms and conditions
of employment will abide by the requirements of all Federal equal
employment opportunity laws and will not retaliate against employees
who file EEO complaints.
The Department of Justice, Bureau of Prisons, North Central Region,
Federal Correctional Institution, Oxford, Wisconsin, 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 participates in proceedings pursuant to, Federal equal employment
opportunity law.
_________________________
Date Posted: ____________________
Posting Expires: _________________
29 C.F.R. Part 1614
1While the agency may require complainant to serve the balance of the
probationary period that was left after her resignation, she is still
entitled to the increases, benefits and seniority she would have received
but for the discrimination.
2It is noted that EEO training is not considered to be disciplinary
in nature.