04990014
06-04-1999
) Petition No. 04990014
Monroe Quinn v. United States Postal Service
04990014
June 4, 1999
Monroe Quinn, )
Petitioner, )
) Petition No. 04990014
v. ) Appeal No. 01951472
) Agency No. 4-F-1710-93
William J. Henderson, ) Hearing No. 370-94-2408X
Postmaster General, )
United States Postal Service, )
Agency. )
)
DECISION ON A PETITION FOR ENFORCEMENT
On December 8, 1998, the Equal Employment Opportunity Commission docketed
a petition for enforcement requesting enforcement of the Commission's
order for remedial relief set forth in Monroe Quinn v. Marvin T. Runyon,
Jr., Postmaster General, United States Postal Service, EEOC Appeal
No. 01951472 (May 19, 1997). The Commission accepts this petition for
enforcement pursuant to 29 C.F.R. Section 1614.503.
ISSUE PRESENTED
The issue presented herein is whether the agency has fully complied with
the Commission's order for relief in EEOC Appeal No. 01951472.
BACKGROUND
By decision dated May 19, 1997, the Commission found that the agency
had discriminated against petitioner when it failed to reasonably
accommodate his disability thereby forcing him to retire. The decision
awarded appellant back pay and other benefits for the period he was out
of work, and ordered the agency to offer appellant the option of being
reinstated into either his former position or an equivalent position.
The record reveals that petitioner asked to be reinstated and that he
returned to work on July 22, 1998.
In his petition for enforcement, petitioner makes several arguments.
First, he argues that, upon returning to work, he did not receive his
first three paychecks. Second, he states that he is not receiving
the appropriate annual leave for an employee with more than 15 years of
service. Third, he contends that he has not received the appropriate back
pay for the period in question, including interest, night differential,
and overtime opportunities. Fourth, petitioner questions whether
cost-of-living adjustments (COLA) have been rolled into his salary.
Finally, petitioner indicates that he is having problems regarding his
Civil Service Retirement System (CSRS) contributions.
In a letter dated January 27, 1999, an agency official (the Official)
initially noted that, although petitioner had not received his first few
paychecks, he has been reimbursed for these amounts. In support of this,
the Official attached pay journal records to that effect. The Official
acknowledged that, because petitioner was mistakenly classified as
a "new hire," there have been a number of problems with his sick and
annual leave, COLAs, and retirement and health benefits. The Official
also stated that the necessary amendments were in the process of being
forwarded to the Postal Data Center in Minnesota to place appellant in
the position he would have occupied had he not retired.
Regarding the question of back pay, the Official states that the agency
has finally been able to discern the amount of money petitioner earned
during the period he was out of work. He states further that he has met
with petitioner and his representative to begin assembling the other
information necessary for the back pay calculation, including missed
overtime opportunities, night differential, interest, increased health
insurance costs, and annual leave petitioner is owed.
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 the case herein, the Commission
sought to make petitioner whole by restoring him "to a position where [he]
would have been were it not for the unlawful discrimination." Franks
v. Bowman Transportation Co., 424 U.S. 747, 764 (1976); see also,
Albemarle Paper Co. v. Moody, 422 U.S. 405, 418 (1975). At issue is
whether the agency has fully complied with the Commission's prior order.
Based on our review of the record and the parties' submissions, we find
that, although the parties appear to agree with regard to what is required
by the order, the agency has yet to fully implement these requirements.
In this regard, although the agency did reinstate appellant, it has
yet to accurately restore his lost benefits or award him back pay.
Although the Official's submission reveals that the parties are working
together to ascertain what petitioner is owed, we find that, insofar
as petitioner was reinstated in July 1998, the agency has had ample
time to make these calculations. Therefore, we find that, within 30
calendar days, the agency shall award petitioner what it determines to
be the appropriate amount of back pay. This award shall include the
overtime and night differential petitioner would have received, as well
as interest for the delay in payment. Within that same time, the agency
shall restore to petitioner all the sick and annual leave he would have
earned had he not retired as well as ensure that the annual leave he
is currently earning is commensurate with his tenure with the agency.
Finally, the agency shall ensure that petitioner's salary accurately
reflects the COLAs to which he is entitled and that he is placed into the
correct retirement system.
CONCLUSION
Based upon a review of the record, and for the reasons set forth
herein, the Commission finds that the agency has not complied fully
with the Order set forth in EEOC Request No. 01951472 (May 19, 1997).
The Commission therefore orders the agency to comply with the Order in
01951472 by taking the actions set forth in the Order below.
ORDER
The agency is ORDERED to take the following actions:
Within 30 days of the date this decision becomes final the agency
shall pay petitioner what it determines to be the appropriate amount
of back pay, with interest, which shall include the overtime and night
differential he would have received; shall restore to petitioner all the
sick and annual leave he would have earned had he not retired and ensure
that the annual leave he is currently earning is commensurate with his
tenure with the agency; shall ensure that his salary accurately reflects
the COLAs to which he is entitled; and shall place him into the correct
retirement system.
The agency is further directed to submit a report of compliance, as
provided in the statement entitled "Implementation of the Commission's
Decision." The report shall include evidence that the ordered corrective
actions have been taken.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)
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 petitioner. 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. �� 1614.408,
1614.409, and 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. ��
1614.408 and 1614.409. 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 (Supp. V 1993). 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. � 1614.410.
STATEMENT OF PETITIONER'S RIGHTS - PETITION FOR ENFORCEMENT
RIGHT TO FILE A CIVIL ACTION (R0993)
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. It is the position of the Commission that 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. You should be aware, however, that courts in some
jurisdictions have interpreted the Civil Rights Act of 1991 in a manner
suggesting that a civil action must be filed WITHIN THIRTY (30) CALENDAR
DAYS from the date that you receive this decision. To ensure that your
civil action is considered timely, you are advised to file it WITHIN
THIRTY (30) CALENDAR DAYS from the date that you receive this decision
or to consult an attorney concerning the applicable time period in the
jurisdiction in which your action would be filed. 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 (Z1092)
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:
June 4, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat