[Redacted], Jenna P., 1 Petitioner,v.Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Jun 8, 2021

Appeal No. 0120150825 (E.E.O.C. Jun. 8, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Jenna P.,1 Petitioner, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency. Petition No. 2021000049 Appeal No. 0120150825 Hearing No. 451-2014-00220X Agency No. 2003-0116-2013104197 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. 0120150825 (Mar. 9, 2018), request for reconsideration denied, EEOC Request No. 0520180337 (Aug. 2, 2018). The Commission accepts this petition for enforcement pursuant to 29 C.F.R. § 1614.503. BACKGROUND At the time of events giving rise to this complaint, Petitioner worked as a Management Analyst, GS-11, in the Office of Information and Technology at the Agency’s National Service Desk in Austin, Texas. Petitioner no longer works at the Agency. On November 25, 2013, Petitioner filed an EEO complaint alleging discrimination based on sex and in reprisal when she was subjected to sexual harassment by her first-level supervisor and when her second-level supervisor informed her that she was not going to be promoted to GS-12, 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. 2021000049 2 as part of her career ladder. At the conclusion of the investigation, Petitioner requested a hearing but subsequently withdrew her request. On November 18, 2014, the Agency issued its final Agency decision finding no discrimination as alleged. Petitioner appealed the Agency’s decision. The Commission, in EEOC Appeal No. 0120150825, found that Petitioner was subjected to sexual harassment by her first-level supervisor and that the Agency was liable for the harassment. The Commission, however, affirmed the Agency’s finding of no discrimination regarding Petitioner’s career ladder promotion claim. Specifically, the Commission ordered the Agency to: restore to Petitioner any leave used as the result of the unlawful discriminatory harassment and compensate Petitioner for any leave without pay taken as the result of the discriminatory harassment; and pay Petitioner compensatory damages and attorney’s fees. Petitioner previously appealed the Agency’s decision awarding her $85,000.00 compensatory damages. The Commission, in EEOC Appeal No. 2019001896 (Aug. 11, 2020), affirmed the Agency’s decision. This matter is not at issue here. Petitioner also appealed the Agency’s January 8, 2019 decision awarding her $136,471.72 in attorney’s fees. The Commission, in EEOC Appeal No. 2019002510 (June 9, 2020), modified the Agency’s decision and awarded Petitioner $185,333.80 in attorney’s fees. In the instant petition, Petitioner claimed that the Agency failed to: (1) restore her leave under EEOC Appeal No. 0120150825; and (2) issue a final Agency decision regarding her submission for additional attorney’s fees incurred during her successful appeal of the Agency’s January 8, 2019 attorney’s fees decision. Petitioner claimed that she provided the Agency with leave records and a sworn declaration regarding the leave usage on September 28, 2018. The Petitioner also claimed that on July 9, 2020, she provided the Agency her fee submission in accordance with the fee award process set forth in 29 C.F.R. § 1614.501. In response to Petitioner’s petition, the Agency submitted its compliance report, dated April 26, 2021. Therein, the Agency indicated that on November 13, 2020, the Agency issued a final Agency decision on Petitioner’s supplemental fee petition ordering the facility to pay Petitioner $46,550.00 in attorney’s fees. Accordingly, on January 19, 2021, the Agency issued, by electronic funds transfer, payment of $46,550.00 to Petitioner’s attorney. The Agency also indicated that on March 13, 2021, the Agency processed a $5,649.22 payment to Petitioner for her leave without pay use, annual leave use, and interest. In its compliance report, the Agency attached the supplemental attorney’s fee decision, payment vouchers, its leave analysis, and other related documents. Petitioner does not contest the Agency’s April 26, 2021 compliance report. 2021000049 3 ANALYSIS AND FINDINGS The Commission’s regulation provides that a complainant may petition the Commission for enforcement of a decision issued under the Commission’s appellate jurisdiction. The petition shall be submitted to the Office of Federal Operations. The petition shall specifically set forth the reasons that lead the complainant to believe that the Agency is not complying with the decision. 29 C.F.R. § 1614.503(a). In the instant case, the Agency submitted its April 26, 2021 compliance report indicating it has now complied with the Commission’s order in EEOC Appeal No. 0120150825 (Mar. 9, 2018), request for reconsideration denied, EEOC Request No. 0520180337 (Aug. 2, 2018). The Agency submits evidence showing that it paid Petitioner $46,550.00 in supplemental attorney’s fees and $5,649.22 for her leave used and interest. Petitioner does not contest the Agency’s foregoing compliance evidence. Therefore, we find that the Agency fully complied with the Commission’s order. CONCLUSION Accordingly, the petition for enforcement is DENIED. COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610) 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. If you file a request to reconsider and also file a civil action, 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. 2021000049 4 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 June 8, 2021 Date