04990036
08-11-2000
Lourdes Santiago Petitioner, v. Louis Caldera Secretary Department of the Army Agency.
Lourdes Santiago v. Department of the Army
04990036
August 11, 2000
.
Lourdes Santiago
Petitioner,
v.
Louis Caldera
Secretary
Department of the Army
Agency.
Petition No. 04990036
Agency No. 91-10-0020
DECISION
On May 18, 1999, the Equal Employment Opportunity Commission (EEOC)
docketed the petitioner's petition for enforcement of the Commission's
order in Santiago v. Department of the Army, EEOC Appeal No. 01955684
(October 14, 1998). The Petition for Enforcement was properly filed in
accordance with 29 C.F.R. � 1614.503(a).<1>
ISSUES PRESENTED
Whether the agency complied with the order in EEOC Appeal No. 01955684
to: (1) pay the appropriate amount of back pay and interest from the
date of the petitioner's removal through January 20, 1995, and (2)
pay any undisputed attorney fees and costs.
BACKGROUND
The petitioner filed an employment discrimination complaint against
the agency. In a final decision in November 1994, which did not contain
appeal rights, the agency adopted findings of an EEOC Administrative Judge
that the petitioner was discriminated against on the bases of sex, age and
reprisal when she was not given an appraisal in 1990 and 1991, was placed
on GS-9 performance standards and an unacceptably demanding individual
development plan, and was given a Notice of Unacceptable Performance
which placed her on a Performance Improvement Plan. The final decision
stated that the agency would determine whether the recission of a removal
action against the petitioner was necessitated by the cancellation of
the notice of unacceptable performance, and if so, she would be returned
to her position and provided back pay and restoration of benefits.
The decision in EEOC Appeal No. 01955684 recounted that by January 20,
1995, the agency determined that the removal action must be rescinded.
The agency issued a second final decision in June 1995 on the petitioner's
compensatory damages claim, and awarded compensatory damages.
The petitioner appealed the relief ordered by the agency, which resulted,
in pertinent part, in the Commission Order she asks be enforced.
ANALYSIS AND FINDINGS
In her petition for enforcement dated April 12, 1999, the petitioner
avers that the agency did not give her a check for the full amount of back
pay and interest ordered by the Commission. But the petitioner does not
identify what back pay and interest she was denied. The agency postulates
that the petitioner is referring to its payment of back pay through
December 24, 1994, rather than through January 20, 1995. In response
to the petition for enforcement, the agency explained that it reinstated
the petitioner effective December 25, 1994, and submitted documentation
showing this. As the payment of back pay after the petitioner was
reinstated would not be appropriate, the agency did not violate the
Commission's order by stopping back pay after December 24, 1994.
Next, the petitioner avers in her April 12, 1999 petition for enforcement
that there were undisputed attorney fees and costs of $13,851, but
the agency failed to pay this money. The petitioner argues that the
agency should be ordered to pay an additional $900 for time spent by
her attorney to enforce the Order of the EEOC. In response, the agency
submits documentation showing that on April 22, 1999, it issued a check
to the petitioner and her attorney for $14,751, i.e., the undisputed sum
of $13,851, plus $900 for time spent by the attorney enforcing the Order
of the EEOC. The petitioner does not contend that payment of undisputed
fees is still an issue.
Accordingly, we conclude that the agency met its obligations under the
Commission's order in EEOC Appeal No. 01955684.
CONCLUSION
Based upon a review of the record herein, and the submissions of the
parties, and for the foregoing reasons, the Commission finds that the
agency is now in compliance with the Order set forth in EEOC Appeal
No. 01955684. Therefore, the Commission denies the petitioner's petition
for enforcement.
PETITIONERS' RIGHT TO FILE A CIVIL ACTION (P0400)
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
August 11, 2000
__________________
Date
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 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.