Loretta L. Viers, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionNov 30, 2000
05a00193 (E.E.O.C. Nov. 30, 2000)

05a00193

11-30-2000

Loretta L. Viers, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Loretta L. Viers v. United States Postal Service

05A00193

11-30-00

.

Loretta L. Viers,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A00193

Appeal No. 01975665

Agency No. 4C-450-1051-95

Hearing No. 220-96-5339X

DENIAL OF REQUEST FOR RECONSIDERATION

The agency initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Loretta

L. Viers v. William J. Henderson, Postmaster General, United States

Postal Service, EEOC Appeal No. 01975665 (October 14, 1999).<1>

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).

After a review of the agency'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. The decision in EEOC

Appeal No. 01975665 remains the Commission's final decision. The agency

shall comply with the Order in the prior decision, as restated below.

There is no further right of administrative appeal on the decision of

the Commission on this request for reconsideration.

The agency is ORDERED to take the following actions:

1. The agency shall take appropriate preventative steps to ensure that no

employee is subjected to sexual harassment and to ensure that appropriate

steps are taken immediately after management is notified of any such

harassment.

2. The agency shall determine whether the complainant is entitled to

the reinstatement of any leave used as a result of the harassment she

experienced.

3. The agency shall ensure that the RO is not permitted to work in the

same unit as the complainant.

4. The agency shall conduct a supplemental investigation to determine

whether the complainant is entitled to compensatory damages. The agency

shall allow the complainant to present evidence in support of her

compensatory damages claim.<0> The complainant shall cooperate with

the agency in this regard. Thereafter, the agency shall issue a final

decision. 29 C.F.R. � 1614.110. The supplemental investigation and

issuance of the final decision must be completed within sixty (60)

calendar days of the date this decision becomes final. A copy of the

final decision must be submitted to the Compliance Officer, as referenced

below.

5. The agency shall provide remedial training for the RO and all

managers and supervisors located at the Dayton, Ohio, Post Office to

ensure that acts of sexual harassment do not recur, that no retaliatory

acts are taken against any employee who opposes unlawful discrimination,

including sexual harassment, and that persons reporting incidents of

alleged sexual harassment are treated in an appropriate manner.

POSTING ORDER (G1092)

The agency is ORDERED to post at its facility in Dayton, Ohio, 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 (H1199)

If complainant has been represented by an attorney (as defined by 64

Fed. Reg. 37,644, 37,659-60 (1999) (to be codified and hereinafter

referred to as 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 (K1199)

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 64

Fed. Reg. 37,644, 37,659-60 (1999) (to be codified and hereinafter

referred to as 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)(Supp. V 1993). If the complainant files a civil action, the

administrative processing of the complaint, including any petition for

enforcement, will be terminated. See 64 Fed. Reg. 37,644, 37,659 (1999)

(to be codified and hereinafter referred to as 29 C.F.R. � 1614.409).

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (R0400)

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 (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

__11-30-00________________

Date

NOTICE TO EMPLOYEES

POSTED BY ORDER OF THE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

An Agency of the United States Government

This Notice is posted pursuant to an Order by the United States Equal

Employment Opportunity Commission dated which found that a

violation of Title VII of the Civil Rights Act of 1964, as amended,

42 U.S.C. � 2000e et seq., has occurred at this facility.

Federal law requires that there be no discrimination against any employee

or applicant for employment because of the person's RACE, COLOR, RELIGION,

SEX, NATIONAL ORIGIN, AGE, or PHYSICAL or MENTAL DISABILITY with respect

to hiring, firing, promotion, compensation, or other terms, conditions

or privileges of employment.

The United States Postal Service, Dayton, Ohio facility, supports and

will comply with such Federal law and will not take action against

individuals because they have exercised their rights under law.

The United States Postal Service, Dayton, Ohio facility, has been found

to have discriminated against an employee by not taking adequate steps

to prevent her sexual harassment by her supervisor. The agency has been

ordered to restore any leave taken by the employee as a result of the

harassment, ensure that the employee and the harasser no longer work in

the same area, and determine whether the employee is entitled to an award

of compensatory damages. The United States Postal Service, Dayton, Ohio

facility, will ensure that officials responsible for personnel decisions

and terms and conditions of employment will abide by the requirements

of all Federal equal employment opportunity laws and will not retaliate

against employees who file EEO complaints.

The United States Postal Service, Dayton, Ohio facility, will not in any

manner restrain, interfere, coerce, or retaliate against any individual

who exercises his or her right to oppose practices made unlawful by,

or who participates in proceedings pursuant to, Federal equal employment

opportunity law.

_____________________________

Date Posted: _____________________

Posting Expires: __________________

29 C.F.R. Part 1614

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.

0

2 In order to assess the claim, the agency shall request from the

complainant evidence of and testimony establishing any pecuniary and

non-pecuniary injury suffered and its link to the agency's retaliatory

actions. See Feris v. Environmental Protection Agency, EEOC Appeal

No. 01934828 (August 10, 1995), request to reopen denied, EEOC Request

No. 05950936 (July 19, 1996); Carle v. Department of the Navy, EEOC

Appeal No. 01922369 (January 5, 1993); Rivera v. Department of the Navy,

EEOC Appeal No. 01934157 (July 22, 1994).