05990322
12-22-2000
Sheila R. Hendley v. Department of Justice 05990322 12-22-00 .Sheila R. Hendley, Complainant, v. Janet Reno, Attorney General, Department of Justice, Agency.
Sheila R. Hendley v. Department of Justice
05990322
12-22-00
.Sheila R. Hendley,
Complainant,
v.
Janet Reno,
Attorney General,
Department of Justice,
Agency.
Request No. 05990322
Appeal No. 01974582
DENIAL OF REQUEST FOR RECONSIDERATION
On December 19, 1998, the Department of Justice (hereinafter referred to
as the agency) initiated a request to the Equal Employment Opportunity
Commission (Commission) to reconsider the decision in Sheila R. Hendley
v. Janet Reno, Attorney General, Department of Justice, EEOC Appeal
No. 01974582 (November 25, 1998).<1> 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. 01974582
(November 25, 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:
Within sixty (60) calendar days of the date this decision becomes final,
the agency is directed to rescind the suspension at issue and expunge
any reference to it from all records the agency maintains on complainant,
including, but not limited to, her official personnel file. Within the
same time frame, the agency shall also provide complainant with payment
for any salary and/or benefits lost as a result of the suspension.
Within ninety (90) calendar days of the date this decision becomes
final, the agency shall provide EEO training to the management officials
responsible for this action, including the Warden, Associate Warden, and
Special Investigation Supervisor, with special emphasis on appropriate
management responses to employees' complaints of discrimination,
including allegations of sexual harassment.
The agency shall conduct a supplemental investigation to determine
whether complainant is entitled to compensatory damages for
the suspension. During the investigation, the agency shall allow
complainant to present evidence in support of her claim for damages.<2>
Thereafter, the agency shall issue a final decision as to complainant's
compensatory damages claim. Complainant shall cooperate with the agency.
The supplemental investigation and issuance of the final decision must
be completed within ninety (90) calendar days of the date this decision
becomes final.
The agency shall post at the El Paso, Texas, Federal Prison Camp 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.
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 complainant,
including evidence that the corrective action has been implemented.
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.
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
___12-22-00_______________________________
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
_________________________
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at Part 1614, where applicable, in deciding the present appeal.
The regulations, as amended, may also be found at the Commission's
website at www.eeoc.gov.
2The 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.