Request No. 05980611

Equal Employment Opportunity CommissionAug 16, 2001
05980611 (E.E.O.C. Aug. 16, 2001)

05980611

08-16-2001

Request No. 05980611


Susan S. James v. United States Postal Service

05980611

08-16-01

.Susan S. James,

Claimant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05980611

Appeal No. 01961042

DENIAL OF REQUEST FOR RECONSIDERATION

On April 1, 1998, the United States Postal Service (hereinafter referred

to as the agency) initiated a request to the Equal Employment Opportunity

Commission (the Commission) to reconsider the decision in Susan S. James

v. Marvin T. Runyon, Jr., Postmaster General, United States Postal

Service, EEOC Appeal No. 01961042 (February 26, 1998). 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 the agency's request for reconsideration, complainant's

response thereto, the previous decision, and the entire record, the

Commission finds that the agency'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 the agency's request. The decision in EEOC Appeal No. 01961042

(February 26, 1998) remains the Commission's final decision. The agency

shall comply with the provisions of the Order from the previous decision,

as modified 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:

1. The agency shall ensure that the responsible official is placed

in a position in which he has no interaction with complainant on a

day-to-day basis.

2. The agency shall consider appropriate disciplinary action against

the responsible official in connection with the sexual harassment if it

has not already done so. If the agency has taken corrective action, it

shall submit documentation of the action(s) to the Compliance Officer,

as referenced below. If the agency has not taken corrective action and

decides to do so, it shall identify the action taken. If the agency

decides not to take disciplinary action, it shall set forth the reason(s)

for its decision not to impose discipline.

3. The agency shall conduct 8 hours of training for the responsible

official addressing his responsibility under equal employment opportunity

law. The training shall place special emphasis on prevention and

elimination of sexual harassment.

3. The agency shall conduct a supplemental investigation to determine

whether complainant is entitled to compensatory damages for the act

of harassment. Within fifteen (15) days of the date this decision

becomes final, the agency shall notify complainant of her right to present

evidence to the agency regarding her claim for damages, including medical

bills and statements from family members and doctors. Complainant shall

provide objective evidence that the damages in question were a result of

the agency's discrimination and of the amount of the claimed damages.<1>

Thereafter, the agency shall issue a final decision as to complainant's

compensatory damages claim. The supplemental investigation and issuance

of the final decision must be completed within sixty (60) calendar days

of the date this decision becomes final.

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 corrective action

has been implemented.

POSTING ORDER (G0900)

The agency is ordered to post at its North Station, Garland, Texas,

facility copies of the attached notice. Copies of the notice, after

being signed by the agency's duly authorized representative, shall

be posted by the agency within thirty (30) calendar days of the date

this decision becomes final, and shall remain posted for sixty (60)

consecutive days, in conspicuous places, including all places where

notices to employees are customarily posted. The agency shall take

reasonable steps to ensure that said notices are not altered, defaced,

or covered by any other material. The original signed notice is to be

submitted to the Compliance Officer at the address cited in the paragraph

entitled "Implementation of the Commission's Decision," within ten (10)

calendar days of the expiration of the posting period.

ATTORNEY'S FEES (H0900)

If complainant has been represented by an attorney (as defined by

29 C.F.R. � 1614.501(e)(1)(iii), he/she is entitled to an award of

reasonable attorney's fees incurred in the processing of the complaint.

29 C.F.R. � 1614.501(e). The award of attorney's fees shall be paid

by the agency. The attorney shall submit a verified statement of fees

to the agency -- not to the Equal Employment Opportunity Commission,

Office of Federal Operations -- within thirty (30) calendar days of this

decision becoming final. The agency shall then process the claim for

attorney's fees in accordance with 29 C.F.R. � 1614.501.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0900)

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)(Supp. V 1993). 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

_______08-16-01___________________________

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

_________________________

1The Commission's decision in Carle v. Department of the Navy, EEOC Appeal

No. 01922369 (January 5, 1993), describes in detail the type of evidence

which should be presented in support of a claim for compensatory damages.