Hugh V. Conrad,
Complainant,
v.
Eric H. Holder, Jr.,
Attorney General,
Department of Justice,
Agency.
Request No. 0520100327
Appeal No. 0120090690
Agency Nos. A-01-1008 and A-02-01-1005
[DJ1878201]
DENIAL
Complainant timely requested reconsideration of the decision in Hugh
V. Conrad v. Department of Justice, EEOC Appeal No. 0120090690 (April
9, 2010). EEOC Regulations provide that the Commission may, in its
discretion, grant a request to reconsider any previous Commission decision
where the requesting party demonstrates 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. See 29 C.F.R. § 1614.405(b).
After reconsidering the previous decision and the entire record,
the Commission finds that the request fails to meet the criteria of
29 C.F.R. § 1614.405(b), and it is the decision of the Commission to
deny the request. The decision in EEOC Appeal No. 0120090690 remains
the Commission’s decision. There is no further right of administrative
appeal on the decision of the Commission on this request.1
We note that Complainant also claims the Agency has failed to issue
a decision on his April 20, 2010 petition for attorney’s fees
and costs in accordance with the Commission’s previous decision
in EEOC Appeal No. 0120090690. The Agency requests the Commission
determine the appropriate amount of attorney’s fees and costs due in
Complainant’s case. The Commission has docketed an appeal under EEOC
Appeal No. 0120111519 to address the issue of attorney’s fees and costs.
ORDER
The agency is ordered to take the following action:
Within sixty (60) calendar days of the date this decision becomes final,
the Agency shall pay Complainant $100,000 in non-pecuniary compensatory
damages.
ATTORNEY’S FEES (H0610)
If Complainant has been represented by an attorney (as defined by
29 C.F.R. § 1614.501(e)(1)(iii)), he/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 this decision
becoming final. 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 (K0610)
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 77960, Washington, DC
20013. 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.
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (Q0610)
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 (Z0610)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
February 4, 2011
__________________
Date
1 A separate petition for enforcement has been docketed by the Commission
to address the issue of Complainant’s entitlement to equitable relief,
reinstatement and back-pay under EEOC Petition No. 0420100010.
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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