0520070264
09-26-2007
Hugh V. Conrad, Complainant, v. Peter D. Keisler, Acting Attorney General, Department of Justice, Agency.
Hugh V. Conrad,
Complainant,
v.
Peter D. Keisler,
Acting Attorney General,
Department of Justice,
Agency.
Request No. 0520070264
Appeal No. 0120041275
Agency No. A02011005
DENIAL
On January 18, 2007, complainant timely requested reconsideration of
the decision in Hugh V. Conrad v. Department of Justice, EEOC Appeal
No. 0120041275 (December 20, 2006). The agency also timely requested
reconsideration on January 29, 2007. The Commission consolidates the
requests for review. EEOC Regulations provide that the Commission may,
in its discretion, grant a request to 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).
First, we affirm our finding that the agency harassed complainant
in violation of the anti retaliation provisions of Title VII of the
Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et
seq. when he was demoted from his supervisory position in February 1999.
We now clarify that the Commission finds that the subsequent six events
which complainant enumerated in his complaint (ending with complainant
learning on September 27, 2000 that he had been nicknamed "AWOL") also
constituted retaliatory harassment.1 We conclude that the hostile work
environment to which complainant was subjected was the direct result
of his willingness to discharge his responsibilities under Title VII.
Specifically, when, as a supervisor, he saw that a subordinate employee
had become the victim of racial discrimination, he backed the employee,
reported the discrimination, and demanded a response from his superiors.
Rather than supporting complainant, management officials harassed
him. This Commission cannot condone this retaliatory conduct on the part
of agency officials.
We do not find that the requests meet the criteria of 29 C.F.R. �
1614.405(b), and it is the decision of the Commission to deny them.
There is no further right of administrative appeal on the decision of
the Commission. The Commission directs the agency to take corrective
action in accordance with the Order below.
ORDER
To the extent that is has not already done so, the agency is ORDERED to
take the following remedial actions:
1. The agency shall undertake a supplemental investigation to determine
complainant's entitlement to compensatory damages under Title VII.
The agency shall give complainant notice of his right to submit objective
evidence (pursuant to the guidance given in Carle v. Department of the
Navy, EEOC Appeal No. 01922369 (January 5, 1993)) and request objective
evidence from complainant in support of his request for compensatory
damages within forty-five (45) calendar days of the date complainant
receives the agency's notice. No later than ninety (90) calendar days
after the date that this decision becomes final, the agency shall issue
a final agency decision addressing the issue of compensatory damages.
The final decision shall contain appeal rights to the Commission.
The agency shall submit a copy of the final decision to the Compliance
Officer at the address set forth below.
2. The agency shall provide training to all management officials in
Huntsville and Birmingham, Alabama regarding their responsibilities
with respect to Title VII with special emphasis on its anti-retaliatory
provisions.
3. The agency shall consider taking appropriate disciplinary action
against the responsible management officials. The Commission does not
consider training to be disciplinary action. The agency shall report
its decision to the compliance officer. 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 not to impose discipline. If any of the responsible
management officials have left the agency's employ, the agency shall
furnish documentation of their departure date(s).
POSTING ORDER (G0900)
The agency is ordered to post at its Branch Office of the U.S. Attorney
for the Northern District of Alabama, in Huntsville, 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:
September
26,
2007
______________________________ __________________
Carlton M. Hadden, Director
Date
Office of Federal Operations
1 The Order below is modified accordingly.
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0520070264
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036