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.