Frank Black, Complainant,v.Louis Caldera, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionNov 9, 1999
04990034 (E.E.O.C. Nov. 9, 1999)

04990034

11-09-1999

Frank Black, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.


Frank Black v. Department of the Army

04990034

December 8, 2000

.

Frank Black,

Complainant,

v.

Louis Caldera,

Secretary,

Department of the Army,

Agency.

Petition No. 04990034

Request No. 05960390

Agency No. 92-02-0011

DECISION

On May 11, 1999, the Equal Employment Opportunity Commission (EEOC)

docketed the petitioner's contention that the agency was not in compliance

with the Commission's order in Black v. Department of the Army, EEOC

Request No. 05960390 (December 9, 1998) as a petition for enforcement.

The petition for enforcement was properly filed in accordance with 29

C.F.R. � 1614.503(a).<1>

The issue presented is whether the agency complied with the order in

EEOC Request No. 05960390 to pay additional attorney fees and costs of

$2,464.45,<2> less any additional fees and costs it already paid that

were awarded in Black v. Department of the Army, EEOC Appeal No. 01943642

(February 27, 1996).

The agency originally awarded and paid the petitioner attorney fees

of $110. The attorney litigated the issue of fees and costs, and the

Commission ultimately ordered the agency to pay the above additional

fees and costs in EEOC Request No. 05960390. It is uncontested that

the agency has paid the petitioner's attorney a total of $2,574.45 in

fees and costs (the sum of $110 and $2,464.45).

The petitioner's attorney avers that he was owed $3,950.17 in fees and

costs, and hence the remaining balance is $1,375.72. But the matter

of the total amount of attorney fees and costs to which the petitioner

was entitled has been fully litigated in the administrative forum, and

it was determined to be $2,574.45. This amount was paid by the agency.

Accordingly, the agency is in compliance with EEOC Request No. 05960390.

The petitioner's petition for enforcement is denied.

PETITIONER'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

__________________

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.

2This figure is the sum of $2,150.75 in fees and $313.70 in costs which

the Commission ordered the agency to pay.