Carol A. Clopton, et al. Complainant, v. Stephen L. Johnson, Acting Administrator, Environmental Protection Agency, Agency. Request No. 0520070139 Appeal No. 01A62246 Hearing No. 280-2000-04324X Agency No. 2000096R7 DENIAL The agency timely requested reconsideration of the decision in Carol A. Clopton v. Environmental Protection Agency, EEOC Appeal No. 01A62246 (October 12, 2006). 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. 01A62246 remains the Commission's final decision. There is no further right of administrative appeal on the decision of the Commission on this request. ORDER 1. The agency is ORDERED to forward the class complaint file, including a copy of the class complaint and the Commission's decision on class certification, to the EEOC's St. Louis District Office, with a cover letter requesting that the class complaint be assigned to an Administrative Judge for discovery proceedings and a hearing.1 The agency's cover letter shall inform the St. Louis District Office that the Commission's Order requires the class complaint, as certified by the Commission, to be assigned as soon as possible to an Administrative Judge. The request letter shall also inform the St. Louis District Office that the Administrative Judge shall begin the discover process under 29 C.F.R. § 1614.204(f) within ten (10) calendar days of the date the case is assigned to the new Administrative Judge. The agency shall complete these actions within ten (10) calendar days of the date this decision becomes final. 2. The agency is ORDERED to notify potential class members of the Commission's acceptance of the class complaint in accordance with 29 C.F.R. § 1614.204(e), within fifteen (15) calendar days of the date this decision becomes final. The notice shall contain the law firm's/ attorney's name, mailing address, e-mail address, telephone number, and facsimile number for the attorney who is representing the class. 3. The agency shall send to the Compliance officer referenced below, and to the attorney who is representing the class, copies of the agency's class complaint notifications to class members and a copy of the letter forwarding the complaint file to the EEOC's St. Louis District Office, within fifteen (15) calendar days of the date this decision becomes final. 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. 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 January 9, 2007 __________________ Date 1 The Commission notes that the agency, in its request for reconsideration, argues that there is a potential conflict of interest between the one of the class agents and some members of the class if the class claim is expanded to include a race claim along with the age claim. This issue, one of more precisely defining the class, should be, in the first instance, argued before and decided by the AJ during the remand ordered by the instant decision. ?? ?? ?? ?? 2 0520070139 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P. O. Box 19848 Washington, D.C. 20036 3 0520070139