Sonia B.,1 Complainant,v.Bill Johnson, President and Chief Executive Officer, Tennessee Valley Authority, Agency.

Equal Employment Opportunity Commission

Oct 31, 2018

0120170189 (E.E.O.C. Oct. 31, 2018)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Sonia B.,1
Complainant,

v.

Bill Johnson,
President and Chief Executive Officer,
Tennessee Valley Authority,
Agency.

Appeal No. 0120170189

Agency No. TVA-2014-0080

DISMISSAL OF APPEAL

Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or
Commission) from the August 30, 2016, final Agency decision finding discrimination with regard
to her complaint of unlawful employment discrimination in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq.

At the time of events giving rise to this complaint, Complainant worked as a Management Assistant
at the Agency’s Central In-Processing (CIP) Center in Hollywood, Alabama. On December 18,
2014, Complainant filed a formal complaint alleging that the Agency subjected her to
discrimination on the basis of sex (female) when she was subjected to sexual harassment and
nonsexual harassment by the CIP Manager (S1) beginning in 2013.

After the investigation into Complainant’s complaint, on August 30, 2016, the Agency issued a
final decision finding that Complainant established by a preponderance of the evidence that she
was subjected to harassment based on sex. The final Agency decision ordered the Agency to: post
a notice; take corrective action to ensure that the sexual harassment did not recur, including by
considering discipline against S1, providing S1 with training, and ensuring that S1 did not
supervise Complainant; and provide training to the Human Resources personnel involved in the
matter. The final Agency decision stated that the issues of compensatory damages and attorney’s
fees and costs remained with the Agency and that the Agency would conduct an investigation
within 45 days.

1 This case has been randomly assigned a pseudonym which will replace Complainant’s name
when the decision is published to non-parties and the Commission’s website.
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On October 14, 2016, Complainant filed the instant appeal concerning her entitlement to
compensatory damages. In October 2018, the Agency informed the Commission that it has not
issued a final decision on compensatory damages because of the pending appeal.

Complainant’s attempt to appeal with respect to compensatory damages is premature because the
Agency has not yet rendered a decision on the amount of compensatory damages to be awarded to
Complainant. See Carter v. U.S. Postal Serv., EEOC Appeal No. 01986648 (Oct. 19, 2000).
Accordingly, Complainant’s appeal is hereby DISMISSED as premature, and we REMAND the
matter to the Agency for further processing in accordance with this decision and the ORDER
below.

ORDER

To the extent that it has not already done so, the Agency shall take the following remedial actions:

1. Within thirty (30) calendar days of the date this decision is issued, the Agency shall post a
notice in accordance with the statement entitled “Posting Order.”

2. Within ninety (90) calendar days of the date this decision is issued, the Agency shall
provide a minimum of eight hours of in-person or interactive EEO training to S1 and to the
Human Resources personnel involved in this matter, with a special emphasis on sexual
harassment, hostile work environment, and management’s obligations after receiving a
complaint of sexual harassment.

3. Within sixty (60) calendar days of the date this decision is issued, the Agency shall consider
taking disciplinary action against S1. The Agency shall report its decision to the
Compliance Officer. If the Agency decides not to take disciplinary action, it shall set forth
the reason(s) for its decision. If S1 is no longer employed by the Agency as an employee
or no longer works for the Agency as a contractor, the Agency shall provide evidence of
his departure date.2

4. The Agency shall ensure that S1 is not in Complainant’s supervisory chain, if S1 is still
employed by the Agency or is working at the Agency as a contractor.

5. Within thirty (30) calendar days of the date this decision is issued, the Agency shall restore
to Complainant any leave used as the result of the unlawful harassment and shall
compensate Complainant for any leave without pay taken as a result of the discriminatory
harassment. Complainant shall cooperate with the Agency and provide it with information
concerning what leave and leave without pay she took as a result of the harassment.

2 According to the Agency’s final decision, S1 retired from the Agency but was working for the
Agency as a contractor.
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6. Within ninety (90) calendar days of the date this decision is issued, the Agency shall
conduct a supplemental investigation concerning Complainant’s entitlement to
compensatory damages and issue a final decision with appeal rights to the Commission
regarding her entitlement to compensatory damages. Within thirty (30) calendar days of
the date the Agency determines the amount of compensatory damages due Complainant,
the Agency shall pay that amount to Complainant.

The Agency is further directed to submit a Report of Compliance in accordance with the statement
entitled “Implementation of the Commission’s Decision.” The report shall include evidence
documenting that the corrective action has been implemented.

POSTING ORDER (G0617)
The Agency is ordered to post at its Hollywood, Alabama Central In-Processing (CIP) Center
copies of the attached notice. Copies of the notice, after being signed by the Agency's duly
authorized representative, shall be posted both in hard copy and electronic format by the
Agency within 30 calendar days of the date this decision was issued, and shall remain posted for
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 as directed in the paragraph entitled "Implementation of the
Commission's Decision," within 10 calendar days of the expiration of the posting period. The
report must be in digital format, and must be submitted via the Federal Sector EEO Portal
(FedSEP). See 29 C.F.R. § 1614.403(g).
ATTORNEY'S FEES (H1016)
If Complainant has been represented by an attorney (as defined by 29 C.F.R. § 1614.501(e)(1)(iii)),
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 the date this
decision was issued. 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 (K0618)
Under 29 C.F.R. § 1614.405(c) and § 1614.502, compliance with the Commission’s corrective
action is mandatory. Within seven (7) calendar days of the completion of each ordered corrective
action, the Agency shall submit via the Federal Sector EEO Portal (FedSEP) supporting documents
in the digital format required by the Commission, referencing the compliance docket number under
which compliance was being monitored. Once all compliance is complete, the Agency shall
submit via FedSEP a final compliance report in the digital format required by the Commission.
See 29 C.F.R. § 1614.403(g).
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The Agency’s final report must contain supporting documentation when previously not uploaded,
and the Agency must send a copy of all submissions to the Complainant and his/her representative.
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) (1994 & Supp.
IV 1999). 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 APPEAL
RECONSIDERATION (M0617)
The Commission may, in its discretion, reconsider the decision in this case if the Complainant or
the Agency submits a written request containing arguments or evidence which tend to establish
that:
1. The appellate decision involved a clearly erroneous interpretation of material fact or
law; or
2. The appellate decision will have a substantial impact on the policies, practices, or
operations of the Agency.
Requests to reconsider, with supporting statement or brief, must be filed with the Office of Federal
Operations (OFO) within thirty (30) calendar days of receipt of this decision. A party shall have
twenty (20) calendar days of receipt of another party’s timely request for reconsideration in
which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment
Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B
(Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission. Complainant’s request may be
submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131
M Street, NE, Washington, DC 20507. In the absence of a legible postmark, the request to
reconsider shall be deemed timely filed if it is received by mail within five days of the expiration
of the applicable filing period. See 29 C.F.R. § 1614.604. The agency’s request must be submitted
in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R.
§ 1614.403(g). The request or opposition must also include proof of service on the other party.
Failure to file within the time period will result in dismissal of your request for reconsideration as
untimely, unless extenuating circumstances prevented the timely filing of the request. Any
supporting documentation must be submitted with your request for reconsideration.
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The Commission will consider requests for reconsideration filed after the deadline only in very
limited circumstances. See 29 C.F.R. § 1614.604(c).
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (R0610)
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 within ninety (90) calendar days from the date that you receive this
decision. 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 (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

October 31, 2018
Date