0420160027
06-07-2018
Soila R.,1 Petitioner, v. Dr. Mark T. Esper, Secretary, Department of the Army, Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Soila R.,1
Petitioner,
v.
Dr. Mark T. Esper,
Secretary,
Department of the Army,
Agency.
Petition No. 0420160027
Appeal No. 0120111132
Agency No. ARBRAGG08JAN00184
DECISION ON A PETITION FOR ENFORCEMENT
On July 15, 2016, the Equal Employment Opportunity Commission (EEOC or Commission) docketed a petition for enforcement to examine the enforcement of an Order set forth in EEOC Appeal No. 0120111132 (April 10, 2015). The Commission accepts this petition for enforcement pursuant to 29 C.F.R. � 1614.503. For the reasons that follow, we find that the Agency has fully complied with our previous Order.
ISSUE PRESENTED
The issue presented is whether the Agency failed to comply with the Commission's order set forth in EEOC Appeal No. 0120111132 (April 10, 2015) when it did not provide supporting documentation showing it provided the corrective actions ordered.
BACKGROUND
At the time of events giving rise to her complaint, Petitioner worked as a Supervisory Health Systems Technician (HST) in the Administrative Support Division, Department of Preventative Medicine (PM Department), Womack Army Medical Center (WAMC), Fort Bragg, North Carolina. On March 11, 2008, Petitioner filed an EEO complaint alleging that the Agency discriminated against her on the bases of race (African-American), sex (female), and reprisal for prior protected EEO activity when:
1. On January 17, 2008, she was issued a rating of "1" on her National Security Personnel System (NSPS) Appraisal; and
2. On June 13, 2008, she was changed to a lower grade.
An EEOC Administrative Judge(AJ) found that Petitioner was discriminated against with respect to claim 1, but not claim 2. The Agency subsequently issued a final order adopting the AJ's decision. Petitioner appealed the Agency's final order to the Commission, and in EEOC Appeal No. 0120111132 (April 10, 2015), the Commission affirmed the Agency's final order.
The Commission ordered the Agency, to the extent it had not already done so, to take the following remedial actions: determine back pay; change Agency records to reflect that Petitioner received a rating of "3" on her performance evaluation for the period of July 8, 2007 to October 31, 2007; pay Petitioner non-pecuniary compensatory damages in the amount of $8,000.00; pay Petitioner $16,668.75 in attorney fees and $482.63 in costs; conduct EEO training for all management officials involved in the discriminatory evaluation; and consider appropriate disciplinary action against the responsible management officials. The decision also specified that the Agency had to submit a compliance report containing supporting documentation to the Commission, and must send a copy of all submissions to the Petitioner. The matter was assigned to a Compliance Officer and docketed as Compliance No. 0620150501 on April 20, 2015.
On July 15, 2016, the Commission docketed the instant petition for enforcement after the Agency failed to provide supporting documentation indicating that it had complied with the April 10, 2015, Order.
After the petition for enforcement was docketed, the Agency provided documentation indicating that it had complied with its final order, in January 2011, which was around the time Petitioner filed her appeal with the Commission from the Agency's final order. The documentation provided by the Agency indicates that the relief provided was consistent with what the Commission would later order in its April 10, 2015 decision. Because the Agency has provided documentation indicating that it has complied with our April 10, 2015, Order, we find that no further compliance is required.
CONCLUSION
We find that the Agency has complied with our Order in EEOC Appeal No. 0120111132. Accordingly, the Commission hereby DENIES the petition for enforcement.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0610)
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. If you file a request to reconsider and also file a civil action, filing a civil action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
_6/7/18_________________
Date
1 This case has been randomly assigned a pseudonym which will replace Petitioner's name when the decision is published to non-parties and the Commission's website.
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