Liza B.,1 Complainant,v.Anthony Foxx, Secretary, Department of Transportation, Agency.

Equal Employment Opportunity Commission

Sep 23, 2016

0420160018 (E.E.O.C. Sep. 23, 2016)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Liza B.,1
Complainant,

v.

Anthony Foxx,
Secretary,
Department of Transportation,
Agency.

Petition No. 0420160018

Appeal No. 0120122370

Hearing No. 470-2009-0238X

Agency No. 2009-22532-FAA-04

DECISION ON A PETITION FOR ENFORCEMENT

On March 6, 2012, the Equal Employment Opportunity Commission (EEOC or Commission)
docketed a petition for enforcement to examine the enforcement of an Order set forth in EEOC
Appeal No. 0120122370 (October 24, 2014).

BACKGROUND

At the time of events giving rise to this complaint, Complainant worked as an Air Traffic
Control Specialist at the Agency’s facility in Detroit, Michigan. Complainant filed a complaint
in which she claimed that the Agency discriminated against her on the bases of sex (female)
and reprisal in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
2000e et seq., and the Pregnancy Discrimination Act, 42 U.S.C. 2000e(k) (1978). An EEOC
Administrative Judge (AJ) found subsequent to a hearing that Complainant was discriminated
against on the bases of her sex/pregnancy when she was denied a Superior Contribution Pay
Increase for performance year 2008. The AJ also found that the Agency committed reprisal
against Complainant when she was subjected to a hostile work environment when a front line

1 This case has been randomly assigned a pseudonym which will replace Petitioner’s name
when the decision is published to non-parties and the Commission’s website.
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Manager stated in front of Complainant’s coworkers that he could not use the term manning
the position, but he would be required to say staffing the position or he would have another
EEO complaint on his hands. The AJ found no discrimination as to Complainant’s remaining
claims. The AJ’s decision became the Agency’s final action after the Agency did not issue a
final action within 40 days of its receipt of the AJ’s decision. Complainant appealed the
Agency’s final decision to the Commission, and in Appeal No. 0120122370, the Commission
affirmed the final action. The Commission ordered that the Agency pay Complainant $1,000
in non-pecuniary compensatory damages, institute training for all supervisors and managers at
the Agency facility regarding their obligations, rights and responsibilities under Title VII and
the Pregnancy Discrimination Act, and pay Complainant $563.31 in costs.

The Order also specified that the Agency had to consider taking appropriate disciplinary action
against the responsible management officials. The Commission specified that training is not
considered to be a disciplinary action and that if the Agency decided to take disciplinary action,
it shall identify the action taken. The Commission further stated that if the Agency decided not
to take disciplinary action, it shall set forth the reasons for its decision not to impose discipline.
The matter was assigned to a Compliance Officer and docketed as Compliance No.
0620150088 on October 27, 2014.

The record reveals that the Agency effected the ordered payments and conducted the ordered
training for the managers at the Agency facility. The Commission acted within its discretion to
initiate the instant Petition for Enforcement after the Agency did not establish that it had
complied with the Order’s third provision pertaining to the possible imposition of disciplinary
action against the responsible management officials. The Agency has since informed the
Commission that it proposed a one day suspension for each of the two responsible management
officials. Upon receiving responses from each of the management officials, the Agency
decided to instead issue a Letter of Reprimand to each official. The Agency specified that for
each official the Letter of Reprimand would remain in his electronic Official Personnel Folder
for two years. We find that the Agency has complied with the Commission’s Order and that
no further action is required.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0416)

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:
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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 or within
twenty (20) calendar days of receipt of another party’s timely request for reconsideration. 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. The requests 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 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 (S0610)

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. If you file a request to reconsider and also file a civil action, 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
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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

September 23, 2016
Date