05981195
07-22-1999
Robert M. Laporte, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Robert M. Laporte v. United States Postal Service
05981195
July 22, 1999
Robert M. Laporte, )
Appellant, )
)
v. ) Request No. 05981195
) Appeal No. 01962291
William J. Henderson, ) Agency No. 2-C-2486-92
Postmaster General, ) Hearing No. 120-94-5427X
United States Postal Service, )
Agency. )
___________________________________)
DECISION ON REQUEST FOR RECONSIDERATION
On September 29, 1998, the United States Postal Service (hereinafter
referred to as the agency) timely initiated a request to the Equal
Employment Opportunity Commission to reconsider the decision in
Robert M. Laporte v. William J. Henderson, Postmaster General, United
States Postal Service, EEOC Appeal No. 01962291 (August 28, 1998),
which it received on August 31, 1998. EEOC Regulations provide that
the Commissioners may, in their discretion, reconsider any previous
Commission decision. 29 C.F.R. �1614.407(a). The party requesting
reconsideration must submit written argument or evidence which tends to
establish one or more of the following three criteria: new and material
evidence is available that was not readily available when the previous
decision was issued, 29 C.F.R. �1614.407(c)(1); the previous decision
involved an erroneous interpretation of law, regulation or material fact,
or misapplication of established policy, 29 C.F.R. �1614.407(c)(2);
and the previous decision is of such exceptional nature as to have
substantial precedential implications, 29 C.F.R. �1614.407(c)(3).
After a review of the agency's request for reconsideration, appellant's
response, the previous decision, and the entire record, the Commission
finds that the agency's request does not meet the criteria of 29
C.F.R. �1614.407(c), and it is the decision of the Commission to deny
that request. The decision of the Commission in Appeal No. 01962291,
finding that the agency discriminated against appellant by not utilizing
him as an acting supervisor since August 1992, and ordering relief,
remains the Commission's final decision in this matter. The agency
shall carry out the order for relief set forth in our previous decision,
as modified below. There is no further right of administrative appeal
from a decision of the Commission on a request for reconsideration.
ORDER (D1092)
The agency shall take the following remedial actions:
The agency shall immediately commence using appellant as an acting
supervisor.
The agency shall determine the appropriate amount of back pay, interest,
and other benefits due appellant, pursuant to 29 C.F.R. � 1614.501,
no later than sixty (60) calendar days after the date that it receives
this decision. In determining the amount of back pay due appellant,
the agency is advised to utilize information pertaining to: appellant's
service as a 204B supervisor prior to August 1992; the service of the
comparative employees as 204B supervisors since August 1992; and any other
relevant information. Appellant 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 appellant for the undisputed amount within sixty (60)
calendar days of the date the agency determines the amount it believes
to be due. The appellant 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 shall conduct training for its supervisory personnel at its
Southern Maryland Processing and Distribution Center, Capitol Heights,
Maryland, regarding their obligations under Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. �2000e et seq. and the Age
Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. �
621 et seq.
The agency shall consider appellant's claim for compensatory damages
incurred as a result of the agency's discriminatory failure to utilize him
as an acting supervisor. Within 15 days of the date that it receives
this decision, the agency shall notify appellant of his right to
present evidence to the agency regarding his claim for compensatory
damages. Appellant 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. Within 30 days of the submission of such
evidence, the agency shall issue a final agency decision on this issue,
with appropriate appeal rights to the Commission.
The agency shall post at its Southern Maryland Processing and Distribution
Center, Capitol Heights, Maryland, 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 insure 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.
If appellant 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.
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 verifying
that the foregoing corrective actions have been implemented.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)
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 appellant. If the agency does not comply with the Commission's
order, the appellant may petition the Commission for enforcement of
the order. 29 C.F.R. �1614.503 (a). The appellant 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. �� 1614.408, 1614.409, and 1614.503 (g). Alternatively,
the appellant 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. �� 1614.408 and 1614.409. 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
appellant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. �1614.410.
RIGHT TO FILE A CIVIL ACTION (R0993)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court. It is the position of the Commission that 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. You should be aware, however, that courts in some
jurisdictions have interpreted the Civil Rights Act of 1991 in a manner
suggesting that a civil action must be filed WITHIN THIRTY (30) CALENDAR
DAYS from the date that you receive this decision. To ensure that your
civil action is considered timely, you are advised to file it WITHIN
THIRTY (30) CALENDAR DAYS from the date that you receive this decision
or to consult an attorney concerning the applicable time period in the
jurisdiction in which your action would be filed. In the alternative,
you may file a civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR
DAYS of the date you filed your complaint with the agency, or filed your
appeal with the Commission. 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.
Filing a civil action will terminate the administrative processing of
your complaint.
RIGHT TO REQUEST COUNSEL (Z1092)
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:
July 22, 1999
_______________ ______________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat