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.