05A20866
09-04-2002
Lawrence D. Price, Complainant, v. Ann M. Veneman, Secretary, Department of Agriculture, Agency.
Lawrence D. Price v. Department of Agriculture
05A20866
09-04-02
.
Lawrence D. Price,
Complainant,
v.
Ann M. Veneman,
Secretary,
Department of Agriculture,
Agency.
Request No. 05A20866
Appeal No. 01995310
Agency No. 930910
DENIAL OF REQUEST FOR RECONSIDERATION
Lawrence D. Price (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Lawrence D. Price v. Department of Agriculture, EEOC Appeal
No. 01995310 (May 9, 2002). 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).
In his complaint, the complainant claimed he was discriminated against
based on disability and reprisal for prior EEO complaint activity
under Title VII, when he was granted three hours of sick leave
instead of the three days of sick leave he requested to attend his
father-in-law's funeral. Complainant requested that the agency issue
a final decision. The agency issued a finding of discrimination based
on disability and reprisal. The FAD provided that compensatory damages
were to be awarded for an indeterminate amount, pending submission of
evidence by complainant. The agency awarded complainant $100.00 in
non-pecuniary damages. The Commission modified the agency's amount
and awarded complainant $250.00 in non-pecuniary compensatory damages.
In his request for reconsideration, complainant maintains that the
Commission's decision did not consider the harm that the agency's actions
caused his family. Complainant maintains that he included evidence in
his previous complaints regarding the effects that the agency's actions
have had on his family but they were not considered in the decision.
After a review of complainant's request for reconsideration, 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. We note
that non-pecuniary compensatory damages are designed to remedy a harm
and not to punish the agency for its discriminatory actions. We find
that while this incident most certainly had an impact on complainant's
family, non-pecuniary damages constitute the sums necessary to compensate
the injured party for actual harm, even where the harm is intangible.
Carter v. Duncan-Higgins, Ltd., 727 F.2d 1225 (D.C. Cir. 1984). As such,
we are unable to compensate complainant's family for the harm that
he has suffered. As was noted, the award of compensatory damages, in
the instant case, was made to remedy the harm complainant suffered as
it related to his leave being denied because it was believed that his
father-in law was actually his stepfather-in-law. We found that with
respect to complainant's compensatory damages claim, we were unable
to take into account his rejection of a full time position, offered to
him, and other past or current EEO matters. Accordingly, the decision
in EEOC Appeal No. 01995310 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.
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
____09-04-02______________
Date