0120180128
02-09-2018
Goldie S,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Southern Area), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Goldie S,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Southern Area),
Agency.
Appeal No. 0120180128
Agency No. 4G-350-0079-16
DECISION
Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission) regarding the Agency's failure to provide fees and costs for her attorney (Attorney) as ordered in the Commission's decision in EEOC Appeal No. 0120171073 (April 17, 2017).
At the time of events giving rise to this complaint, Complainant worked as a Lead Sales Service Associate at the Agency's facility in Birmingham, Alabama. Believing that the Agency subjected to her unlawful discrimination, Complainant contacted an Agency EEO Counselor to initiate the EEO Compliant process. On June 8, 2016, Complainant and the Agency entered into a settlement agreement to resolve the matter.
Subsequently, Complainant indicated to the Agency that it had breached the settlement agreement. The Agency issued a final decision on December 15, 2016, stating that it had not breached the settlement agreement. Complainant appealed the Agency's decision to the Commission.
In EEOC Appeal No. 0120171073, the Commission found that the settlement agreement was too vague to determine if the Agency complied with its terms and that the agreement was devoid of any substantive, specific benefit to Complainant. As such, the decision held that the settlement agreement was void for lack of consideration. As remedy, the decision ordered the Agency to reinstate the underlying complaint from the point processing ceased. The Agency was directed to provide a letter of acknowledgment to the EEOC Compliance Officer. In addition, the decision noted that Complainant was represented by the Attorney in this matter. As such, the decision found that Complainant was entitled to an award of reasonable Attorney's fees incurred in the processing of the instant appeal. To this end, the decision instructed the Agency to process the claim for Attorney's fees in accordance with 29 C.F.R. � 1614.501.
The Agency provided the Compliance Officer a copy of its letter of acknowledgement stating that it had resumed processing of Complainant's EEO matter. The Attorney provided the Agency a verified statement of fees on or about May 22, 2017, for processing as instructed in the Commission's decision. The Attorney informed the Agency that it had not complied with the Commission's instructions in EEOC Appeal No. 0120171073.
Neither Complainant nor the Attorney received any information from the Agency regarding the petition for fees. Therefore, on September 20, 2017, Complainant filed the instant appeal asserting that the Agency has not complied with the Commission's decision in EEOC Appeal No. 0120171073. In response to the instant appeal, the Agency provided a complaint file for Agency No. 4G-350-0079-16.
Upon review of the record, we find that the Agency has not responded to Complainant's specific claim raised on appeal. We note that Complainant provided the Agency with a copy of a verified petition for fees for work conducted by the Attorney. However, the Commission cannot determine if the Agency has processed Complainant's claim for fees as directed in EEOC Appeal No. 0120171073 and in accordance with 29 C.F.R. � 1614.501. Therefore, we remand the matter to the Agency to comply with the ORDER below.
ORDER
The Agency is ordered to process the claim for attorney's fees in accordance with 29 C.F.R. � 1614.501. The Agency shall provide Complainant with a final decision regarding his claim for attorney's fees within 45 calendar days from the date this decision is issued. The decision shall include a notice of right to appeal to the EEOC along with EEOC Form 573, Notice of Appeal/Petition and shall include the specific reasons for determining the amount of the award.
The Agency is further directed to submit a report of compliance, as provided in the statement entitled "Implementation of the Commission's Decision." The report shall include supporting documentation verifying that the corrective action has been implemented.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0617)
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 in the digital format required by the Commission, and submitted via the Federal Sector EEO Portal (FedSEP). See 29 C.F.R. � 1614.403(g). 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.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
The Commission may, in its discretion, reconsider the decision in this case if the Complainant or the Agency submits a written request containing arguments or evidence which tend to establish 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.
Requests to reconsider, with supporting statement or brief, must be filed with the Office of Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision. A party shall have twenty (20) calendar days of receipt of another party's timely request for reconsideration in which to submit a brief or statement in opposition. See 29 C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 � VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. Complainant's request may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, the request to reconsider shall be deemed timely filed if it is received by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. � 1614.604. The agency's request must be submitted in digital format via the EEOC's Federal Sector EEO Portal (FedSEP). See 29 C.F.R. � 1614.403(g). The request or opposition must also include proof of service on the other party.
Failure to file within the time period will result in dismissal of your request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted with your request for reconsideration. The Commission will consider requests for reconsideration filed after the deadline only in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0610)
This is a decision requiring the Agency to continue its administrative processing of your complaint. However, if you wish to file a civil action, you have the right to file such action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. In the alternative, you may file a civil action after one hundred and eighty (180) calendar days of the date you filed your complaint with the Agency, or filed your appeal with the Commission. 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. Filing a civil action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
February 9, 2018
__________________
Date
1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website.
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