01995567_r
03-28-2002
Vernetta Steele, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Vernetta Steele v. Department of Justice
01995567
March 28, 2002
.
Vernetta Steele,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Appeal No. 01995567
Agency No. I-99-W029
DECISION
The record indicates that on April 23, 1999, the parties entered into
a settlement agreement. The settlement agreement resolves three out
of the four claims raised in complainant's November 10, 1998 formal
complaint.<1> The remaining claim, regarding the denial of complainant's
request to have her term appointment converted to a career conditional
appointment, is currently pending before an EEOC Administrative Judge
(AJ). The settlement agreement provided, in pertinent part, that:
The Agency will initiate a personnel action to promote AP from an
Applications Clerk, GS-986-4, to an Applications Clerk, GS-986-5,
retroactive (includes appropriate step increases) to March 1997,
within 30 calendar days of the signing of this settlement agreement.
AP will continue to serve in a term appointment at the Grade 5 level.
The Agency will work with Department of Labor Officials to ensure that
AP is provided with a stationary (without wheels) desk chair with high
back in order to reasonably accommodate AP's disability.
In her July 6, 1999 appeal, complainant claims that the agency
breached the settlement agreement when she did not receive interest
to her retroactive pay and when she did not receive a proper chair to
perform duties. In response to complainant settlement breach claim,
the agency in its letter dated March 12, 2002, states that complainant's
complaint/claim is before the AJ; but, it fails to address complainant's
breach claim. Based on the foregoing, the Commission cannot determine
whether the agency breached the settlement agreement. Therefore, the
breach of settlement agreement claim is REMANDED back to the agency for
further processing in accordance with the Order below.
ORDER
The agency will provide in the record evidence demonstrating whether it
has complied with the terms of the April 23, 1999 settlement agreement.
Based on the foregoing information, the agency, within thirty (30)
calendar days of the date this decision becomes final, will issue a
decision on the breach claim and/or notify complainant that the agency
is reinstating her complaint for further processing from the point that
processing ceased. A copy of the agency's final decision and/or the
agency's letter of complaint reinstatement must be sent to the Compliance
Officer as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
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)
(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 (M0701)
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 or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. 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 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. 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 (R0900)
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 (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
March 28, 2002
__________________
Date
1The formal complaint incorporates by reference
the claims that are raised in complainant's informal complaint and that
are addressed by the settlement agreement.