05a10150
09-16-2002
Patricia Boord, et al, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Patricia Boord, et al v. Department of Justice
05A10150
9/16/02
.
Patricia Boord, et al,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Request No. 05A10150
Appeal No. 07A00021
Agency No. F-98-5242
Hearing No. 100-99-7085P
DENIAL OF REQUEST FOR RECONSIDERATION
The Department of Justice (agency) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Patricia Boord, et al v. Department of Justice, EEOC
Appeal No. 07A00021 (October 31, 2000). 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).<1>
On September 25, 1998, complainant filed a formal class complaint alleging
that the agency discriminated against her and other professional female
support staff members because of sex (female) by requiring three years
of investigative experience for certain GS-14 and GS-15 level positions.
An EEOC Administrative Judge (AJ) issued a decision certifying the class.
Following the agency's appeal of the AJ's decision, the prior decision
reversed the agency's final order and remanded the complaint to the
agency.
In its request for reconsideration, the agency contends that the prior
decision made clearly erroneous interpretations of material law and fact.
Specifically, the agency maintains that the class lacks commonality,
typicality and numerosity. In addition, the agency contends that the
class should not be certified because it is overly broad and vague.
In response, the class agents' counsel argues that we should deny
reconsideration.
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 agency primarily
raised that which was argued before and considered by the EEOC AJ.
The agency failed to establish that the prior decision involved a
clearly erroneous interpretation of material law or fact. The decision
in EEOC Appeal No. 07A00021 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. Accordingly, the
agency is directed to comply with the order below.
ORDER
It is the decision of the Commission to certify the class comprised of all
otherwise qualified female professional support staff in the agency's
headquarters and affiliated offices in the Washington, D.C. region
(including Quantico and Newington in Virginia and Clarksburg in West
Virginia), at grades GS-12 and above, who applied, or were deterred from
applying, for managerial and administrative positions at the GS-14 and
GS-15 levels requiring prior investigative experience. The agency is
ORDERED to process the remanded class complaint in accordance with 29
C.F.R. �1614.204. The agency, within thirty (30) calendar days of the
date this decision becomes final, shall acknowledge to all of the class
members that it has received the remanded class complaint. The agency,
within thirty (30) calendar days of the date this decision becomes final,
is ORDERED to transmit the class complaint, the complete case file,
and any other relevant information related to the class complaint to
the Washington Field Office, Washington, D.C., for further processing of
the class complaint pursuant to 29 C.F.R. � 1614.204 et seq. The agency
shall provide a copy
of the notice of certification and request for appointment of an
administrative judge to the Compliance Officer, as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
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 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)
(1994 & Supp. IV 1999). If the complainant 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.
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
9/16/02
Date
1On April 4, 2001, the parties submitted a Stipulated Agreement to Stay
Appeal and Enter Into Mediation, and requested that we hold the instant
case in abeyance for a period of one year.