U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Marybeth C.,1
Petitioner,
v.
Alex M. Azar II,
Secretary,
Department of Health and Human Services
(Health Resources and Services Administration),
Agency.
Petition No. 2020003552
Appeal No. 0120170811
Agency No. HHS-HRSA-0244-2015
DECISION ON A PETITION FOR ENFORCEMENT
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.
0120170811 (June 11, 2019). The Commission accepts this petition for enforcement pursuant to
29 C.F.R. § 1614.503. Petitioner alleged that the Agency failed to comply with the
Commission’s order with respect to attorney’s fees.
BACKGROUND
At the time of events giving rise to this complaint, Petitioner worked as a Human Resources
Specialist, GS-13, at the Agency's facility in Rockville, Maryland. On May 7, 2015, Petitioner
filed an EEO complaint, as amended, alleging that the Agency discriminated against her, denied
her a reasonable accommodation, and subjected her to a hostile work environment based on her
disability (musculoskeletal issues with her back, hip and leg; depression, anxiety) and in reprisal
for her prior protected EEO activity. Following the investigation, the Agency provided Petitioner
with a copy of the report of investigation and notice of her right to request a hearing before an
EEOC Administrative Judge (AJ). In accordance with Petitioner's request, the Agency issued a
final decision pursuant to 29 C.F.R. § 1614.110(b).
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.
2020003552
2
The decision concluded that Petitioner proved that the Agency denied her a reasonable
accommodation for her disabilities and violated the Rehabilitation Act. as alleged.
In its decision on remedies, the Agency awarded Petitioner $32,202.20 in compensatory damages
and the restoration of leave in the amount of 94.5 hours. Petitioner subsequently appealed the
Agency’s decision with respect to remedies to the Commission in EEOC Appeal No.
0120170811. Therein, the Commission issued an order specifying that the Agency had to
increase Petitioner’s award of compensatory damages to $52,202.20. The Order further specified
that the Agency pay Petitioner’s attorney's fees in the amount of $58,271.20, and costs in the
amount of $170.60. The Order also specified that the Agency had to pay Petitioner an additional
amount of attorney’s fees and costs related to the processing of EEOC Appeal No. 0120170811.
The matter was thereafter assigned to a Compliance Officer and docketed as Compliance No.
2019004046 on June 20, 2019.
On February 11, 2020, Petitioner, through her attorneys, submitted the petition for enforcement
(PFE) at issue, contending that the Agency has not fully complied with the Commission’s order
in 0120170811. Petitioner specifically asserts that she has received all ordered relief except
attorney’s fees related to the processing of 0120170811. Petitioner states that she filed a timely
submission for attorney’s fees in the amount of $31,710.50 on July 9, 2019, but the Agency has
not issued its final decision in accordance with 29 C.F.R. § 1614.501(e). Petitioner asserts that
the hourly rates for her attorneys have increased as a result of the Agency’s delay based on the
new Laffey Matrix rates, and therefore she now requests a total of $32,955.50 in fees.
The Agency subsequently issued its final decision on June 12, 2020, finding that Petitioner’s
request for $32,955.50 in attorney’s fees was appropriate. The final decision directed Petitioner
to complete the attached electronic payment transfer form and submit it to the Agency for
payment.
ANALYSIS AND FINDINGS
EEOC Regulation 29 C.F.R. § 1614.503(a) provides that a complainant may petition the
Commission for enforcement of a decision issued under the Commission's appellate jurisdiction.
In this case, Petitioner asserts that the Agency has not fully complied with the Commission’s
order in 0120170811. Petitioner specifically asserts that she has received all ordered relief except
attorney’s fees related to the processing of 0120170811.
We note that subsequent to Petitioner’s PFE, the Agency issued its untimely final decision on
June 12, 2020, finding that Petitioner’s request for $32,955.50 in attorney’s fees was appropriate.
The final decision directed Petitioner to complete the attached electronic payment transfer form
and submit it to the Agency for payment. We note, however, that the Agency has not submitted
proof that the $32,955.50 in attorney’s fees has actually been paid to Petitioner. Proof of actual
payment to Petitioner may include, copies of pay statements showing payment was made, a print
screen of an electronic funds transfer to Petitioner for the amount in question, or other
appropriate documentation showing that payment was made. See Complainant v. Dep’t of
Transportation, EEOC Appeal No. 0120083127 (May 2, 2012).
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Accordingly, the Commission GRANTS the PFE and orders the Agency to submit evidence that
the $32,955.50 in attorney’s fees has been paid to Petitioner in accordance with this decision and
the Order below.
Additionally, because Petitioner is a prevailing party in this PFE, we will also order the Agency
to award Petitioner attorney's fees incurred as a result of her need to file this PFE. In finding that
Petitioner is a prevailing party herein, we note that the Agency did not issue its final decision on
attorney’s fees until after Petitioner filed the instant PFE.
ORDER
Within 120 calendar days after this decision is issued, the Agency is directed to provide evidence
that payment of $32,955.50 in attorney’s fees has been submitted to Petitioner related to the
processing of EEOC Appeal No. 0120170811.
ATTORNEY'S FEES (H1016)
If Petitioner has been represented by an attorney (as defined by 29 C.F.R. § 1614.501(e)(1)(iii)),
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 the date this decision was issued. 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 (K0719)
Under 29 C.F.R. § 1614.405(c) and §1614.502, compliance with the Commission’s corrective
action is mandatory. Within seven (7) calendar days of the completion of each ordered
corrective action, the Agency shall submit via the Federal Sector EEO Portal (FedSEP)
supporting documents in the digital format required by the Commission, referencing the
compliance docket number under which compliance was being monitored. Once all compliance
is complete, the Agency shall submit via FedSEP a final compliance report in the digital format
required by the Commission. See 29 C.F.R. § 1614.403(g). The Agency’s final report must
contain supporting documentation when previously not uploaded, and the Agency must send a
copy of all submissions to the Petitioner and his/her representative.
If the Agency does not comply with the Commission’s order, the Petitioner may petition the
Commission for enforcement of the order. 29 C.F.R. § 1614.503(a). The Petitioner 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 Petitioner 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.
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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 Petitioner 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.
Failure by an agency to either file a compliance report or implement any of the orders set forth in
this decision, without good cause shown, may result in the referral of this matter to the Office of
Special Counsel pursuant to 29 C.F.R. § 1614.503(f) for enforcement by that agency.
PETITIONER’S RIGHT TO FILE A CIVIL ACTION (R0610)
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 (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
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
November 16, 2020
Date
