05A00965
11-09-1999
Tremonte Renfro, Complainant, v. Hershel W. Gober, Acting Secretary, Department of Veterans Affairs, Agency.
Tremonte Renfro v. Department of Veterans Affairs
05A00965
August 18, 2000
.
Tremonte Renfro,
Complainant,
v.
Hershel W. Gober,
Acting Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A00965
Appeal No. 01990204
Agency No. 96-0185
Hearing No. 140-96-8133X
DISMISSAL OF REQUEST FOR RECONSIDERATION
On June 29, 2000, the agency filed a request with the Commission to
reconsider its previous decision in Tremonte Renfro v. Department of
Veterans Affairs, EEOC Appeal No. 01990204 (April 14, 2000).<1>
Commission Regulations provide that requests to reconsider must be
filed with the Office of Federal Operations within thirty (30) calendar
days of the receipt of the previous decision, and that failure to do so
could result in dismissal of the request for reconsideration. See 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 29 C.F.R. � 1614.405(b)).
The Commission's decision of April 14, 2000, informed the agency that
a request for reconsideration must be filed with the Commission within
thirty calendar days of the date of receipt of the decision. The decision
also contained a certificate of mailing that informed the agency that
the Commission would presume that the decision was received within five
calendar days of mailing, which was April 14, 2000. The fifth calendar
day following the date of the certificate of mailing was April 19, 2000.
Therefore, in order to be timely, the agency had to file its request
for reconsideration by May 19, 2000.
The agency has not offered any justification for an extension of the
applicable time limit for filing its request for reconsideration. See
29 C.F.R. � 1614.604(c). Accordingly, the agency's June 29, 2000 request
for reconsideration is hereby DISMISSED.
Therefore, the decision in EEOC Appeal No. 01990204 remains
the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on this request
for reconsideration.
ORDER
1. The issues of compensatory damages and attorney's fees and costs
are REMANDED to the Hearings Unit of the Charlotte, North Carolina EEOC
District Office. Thereafter, the Administrative Judge shall issue a
decision on these issues in accordance with 64 Fed. Reg. 37,644, 37,657
(1999) (to be codified at 29 C.F.R. � 1614.109), and the agency shall
issue a final action in accordance with 64 Fed. Reg. 37,644, 37,657-58
(1999) (to be codified at 29 C.F.R. � 1614.110) within forty (40) days of
receipt of the Administrative Judge's decision. The agency shall submit
copies of the Administrative Judge's decision and the final agency action
to the Compliance Officer at the address set forth below.
2. The agency shall determine the appropriate amount of back pay (with
interest, if applicable) and other benefits due complainant, pursuant
to 64 Fed. Reg 37,644, 37,659-60 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. � 1614.501), no later than sixty (60) calendar
days after the date this decision becomes final. The complainant 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 the complainant
for the undisputed amount within sixty (60) calendar days of the date
the agency determines the amount it believes to be due. The complainant
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."
2. The agency is ordered to conduct EEO training for all responsible
management officials, to the extent practicable in light of S's departure
from the agency.
POSTING ORDER (G1092)
The agency is ORDERED to post at its Fayettesville, North Carolina,
Medical Center 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.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K1199)
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 64
Fed. Reg. 37,644, 37,659-60 (1999) (to be codified and hereinafter
referred to as 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 64 Fed. Reg. 37,644, 37,659 (1999)
(to be codified and hereinafter referred to as 29 C.F.R. � 1614.409).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (Q0400)
This decision affirms the agency's final decision/action in part, but it
also requires the agency to continue its administrative processing of a
portion of your complaint. 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 on both that portion
of your complaint which the Commission has affirmed AND that portion
of the complaint which has been remanded for continued administrative
processing 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 (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
__________________
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 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.