Tremonte Renfro, Complainant,v.Hershel W. Gober, Acting Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity CommissionNov 9, 1999
05A00965 (E.E.O.C. Nov. 9, 1999)

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.