05A20511
06-27-2002
Request No. 05A20511
Roberta L. Adams v. Department of Agriculture
05A20511
June 27, 2002
.
Roberta L. Adams,
Claimant,
v.
Ann M. Veneman,
Secretary,
Department of Agriculture,
Agency.
Request No. 05A20511
Appeal No. 01A04092
Agency No. 870807
Hearing No. 120-99-6260X
DENIAL OF REQUEST FOR RECONSIDERATION
Claimant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Roberta
L. Adams v. Department of Agriculture, EEOC Appeal No. 01A04092 (February
13, 2002). Claimant alleged that she was entitled to relief under
the terms of an October 1993 class action settlement and an EEOC Order
implementing it.<1> 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).
In the instant request claimant argues that she is entitled to additional
interest on her backpay award. While claimant received interest on
backpay when the agency failed to timely issue a decision on her initial
individual claim for relief, in the instant request, claimant asserts
her entitlement to interest on the backpay award for the period following
her appeal to the Commission. We will not disturb our pervious decision
because claimant's backpay award is consistent with our caselaw and
relevant provisions of the settlement agreement. The Commission has
previously decided that interest on backpay is generally unavailable
as a remedy to class members, except that �given the agency's failure
to issue timely decisions...individual claimants who received favorable
decisions more than 90 days after their claims were filed should receive
interest on any amounts of backpay or other benefits awarded.� Byrd
v. Department of Agriculture, EEOC Appeal No. 01961893 (July 3, 1997).
In this limited circumstance, the Commission has held that interest on
backpay is an appropriate sanction on the agency. Id.
However, claimant is not entitled to interest on backpay for the period
following the filing of her appeal with the Commission. Such an award
would not be an appropriate sanction for the �...agency's failure to
issue timely decisions...� and is tantamount to a claim for damages
which are not available for the breech of a settlement agreement. Id.
After a review of the claimant'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 decision
in EEOC Appeal No. 01A01148 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.
ORDER
The agency is ordered, to the extent it has not already done so, to
award claimant the following relief:
(1) The agency shall issue a check to claimant for the appropriate amount
of back pay and other benefits such as appropriate within-grade increases
and career-ladder promotions under 29 C.F.R. �1614.501 which claimant
would have received had she been placed in the GS-475-5, Assistant
County Supervisor position on October 22, 1987, promoted to GS-475-7 on
November 6, 1988, promoted to GS-475-9 on November 13, 1989, promoted to
GS-475-11 on December 2, 1990 and promoted to GS-475-12 on April 12, 1992.
The agency shall complete these actions no later than 90 calendar days
of the date this decision becomes final. Claimant shall cooperate in the
agency's efforts to compute the amount of back pay and benefits due, and
provide all necessary information the agency requests to help it comply.
(2) Claimant is entitled to interest on the back pay award only regarding
her retroactive promotion to GS-475-7, Assistant County Supervisor in
Leonardtown, Maryland retroactive to October 22, 1987, and subsequent
promotion to GS-475-9 on October 27, 1988.
(3) The agency shall retroactively award claimant a GS-475-12, County
Supervisor position, or substantially equivalent position in the agency's
Prince Frederick, Maryland office or in an agency office within claimant's
commuting distance.
(4) If there is a dispute about the amount of back pay or other benefits
due, the agency shall issue a check to claimant for the undisputed
amount within 90 calendar days of the date this decision becomes final.
Claimant may petition for enforcement or clarification of the amount in
dispute. The petition for clarification or enforcement shall be filed
with the Compliance Officer, at the address referenced in the paragraph
entitled "Implementation of the Commission's Decision."
(5) The agency is further directed to submit a report of compliance, as
provided in the paragraph entitled "Implementation of the Commission's
Decision." The report shall include supporting documentation of
the agency's calculation of back pay and other benefits due claimant,
including evidence that the corrective action has been implemented. The
agency shall send a copy of this report, together with any attachments
and enclosures, to claimant.
CLAIMANT'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
June 27, 2002
__________________
Date
1The Order was made in Mitchell, et al. v. Department of Agriculture,
EEOC Appeal No. 01960816 (July 3, 1997). It was clarified in Mitchell,
et al. v. Department of Agriculture, EEOC Petition No. 04970021 (December
4, 1997).