05a10718
10-10-2001
Request No. 05A10718
Donna L. Barnett v. Department of Agriculture
05A10718
10-10-01
.Donna L. Barnett,
Claimant,
v.
Ann M. Veneman,
Secretary,
Department of Agriculture,
Agency.
Request No. 05A10718
Appeal No. 01A01143
DENIAL OF REQUEST FOR RECONSIDERATION
On May 24, 2001, Donna L. Barnett (hereinafter referred to as claimant)
initiated an appeal to the Equal Employment Opportunity Commission
(Commission) to reconsider the decision in Donna L. Barnett v. Ann
M. Veneman, Secretary, Department of Agriculture, EEOC Appeal No. 01A01143
(April 26, 2001). EEOC Regulations provide that the Commission may,
in its discretion, reconsider any previous decision where the party
demonstrates that: (1) the previous decision involved a clearly erroneous
interpretation of material fact or law; or (2) the decision will have a
substantial impact on the policies, practices, or operation of the agency.
29 C.F.R. � 1614.405(b).
After a review of claimant's request for reconsideration, the previous
decision, and the entire record, the Commission finds that claimant's
request does not meet the criteria in 29 C.F.R. � 1614.405(b). Therefore,
it is the decision of the Commission to deny claimant's request.<1>
The decision in EEOC Appeal No. 01A01143 (April 26, 2001) remains the
Commission's final decision. The agency shall comply with the provisions
of the Order below. There is no further right of administrative appeal
on a decision of the Commission on this Request for Reconsideration.
ORDER
The agency is ordered to take the following remedial action:
The agency shall retroactively place claimant into the GS-475-7 Assistant
County Supervisor position available in Sikeston, Missouri, effective
December 27, 1988, or a substantially equivalent position, including
providing claimant with appropriate step increases and career ladder
promotions.
The agency shall determine the appropriate amount of back pay and other
benefits due claimant, pursuant to 29 C.F.R. � 1614.501, no later than
sixty (60) calendar days after the date this decision becomes final.
The claimant shall cooperate in the agency's efforts to compute the
amount of back pay and benefits due, and shall provide all relevant
information requested by the agency. If there is a dispute regarding
the exact amount of back pay and/or benefits, the agency shall issue
a check to the claimant for the undisputed amount within sixty (60)
calendar days of the date the agency determines the amount it believes
to be due. The claimant may petition for enforcement or clarification
of the amount in dispute. The petition for clarification or enforcement
must be filed with the Compliance Officer, at the address referenced in
the statement entitled "Implementation of the Commission's Decision."
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 supporting documentation of
the agency's calculation of backpay and other benefits due claimant,
including evidence that the corrective action has been implemented.
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.
STATEMENT OF RIGHTS ON REQUEST FOR RECONSIDERATION
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
_______10-10-01___________________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify
that the decision was mailed to claimant, claimant's representative
(if applicable), and the agency on:
_________________________
Date
_________________________
1It is noted that while claimant asserted that the position into which
she was to be placed was upgraded in 1997, the previous decision awarded
claimant appropriate step increases and career ladder promotions.