Janice L. Krszjzaniek v. United States Postal Service 05A30912 July 28, 2003 . Janice L. Krszjzaniek, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency. Request No. 05A30912 Appeal No. 01A11894 Agency No. 4I-530-0077-99 Hearing No. 260-A0-9047 DECISION ON REQUEST FOR RECONSIDERATION Janice L. Krszjzaniek (complainant) initiated a request to the Equal Employment Opportunity Commission (the Commission or EEOC) to reconsider the decision in Janice L. Krszjzaniek v. United States Postal Service, EEOC Appeal No. 01A11894 (March 5, 2003). EEOC regulations provide that the Commissioners may, in their discretion, reconsider any previous Commission decision. 29 C.F.R. § 1614.405(b). The party requesting reconsideration must submit written argument or evidence which tends to establish one or more of the following two criteria: the appellate decision involved a clearly erroneous interpretation of material fact or law; or the decision will have a substantial impact on the policies, practices or operations of the agency. Id. On request for reconsideration, complainant argues that the previous decision failed to provide her with full relief. She notes that the AJ awarded her back pay, including overtime and benefits, when she was charged with absence without leave (AWOL) on April 10, 2000, while attending a deposition regarding the complaint at hand. The previous decision upheld the AJ's determination that complainant was subjected to unlawful retaliation when she was charged with AWOL. However, the previous decision did not order the agency to compensate her for that day. Accordingly, she asks that the previous decision's order be modified to provide her with back pay, including overtime and benefits, for April 10, 2000. The agency did not respond to complainant's request for reconsideration. Upon review of the record, the Commission finds that complainant has shown that the order in the previous decision did not provide her with full relief. Accordingly, the Commission modifies the order requiring the agency to provide complainant with back pay (including overtime and benefits) for April 10, 2000. After a review of complainant's request for reconsideration, the previous decision, and the entire record, the Commission finds that complainant's request meets the criteria of 29 C.F.R. § 1614.405(b), and it is the decision of the Commission to grant the complainant's request. The order in Appeal No. 01A11894 is modified. There is no further right of administrative appeal on the decision of the Commission on a Request to Reconsider. ORDER To the extent that it has not already done so, the agency is ordered to take the following remedial action: The agency shall reimburse complainant for sick and/or annual leave she used from January 8, 1999 to May 5, 1999, no later than sixty (60) calendar days after the date this decision becomes final. The agency shall pay complainant $350.00 in compensatory damages as determined the AJ, no later than sixty (60) calendar days after the date this decision becomes final. The agency shall consider taking disciplinary action against the management official identified as being responsible for the discrimination perpetrated against complainant. The agency shall report its decision within thirty (30) days after the date that this decision becomes final. If the agency decides to take disciplinary action, it shall identify the action taken. If the agency decides not to take disciplinary action, it shall set forth the reason(s) for its decision not to impose discipline. The agency shall determine the appropriate amount of back pay (with interest, if applicable) and other benefits due complainant for April 10, 2000, pursuant to 29 C.F.R. § 1614.501, no later than thirty (30) 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." The agency is further directed to submit a report of compliance, as provided in the statement entitled "Implementation of the Commission's Decision." The report shall include supporting documentation of the agency's calculation of back-pay and other benefits due complainant, including evidence that the corrective action has been implemented. POSTING ORDER (G0900) The agency is ordered to post at its Madison Carrier Annex, Madison, Wisconsin, 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. ATTORNEY'S FEES (H0900) 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 (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 (P0900) This decision of the Commission is final, and there is no further right of administrative appeal from the Commission's decision. 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. 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. 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 July 28, 2003 __________________ Date NOTICE TO EMPLOYEES POSTED BY ORDER OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION An agency of the United States Government This Notice is posted pursuant to an Order by the United States Equal Employment Opportunity Commission, dated , which found that a violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. 2000e et seq. has occurred at this facility. Federal law requires that there be no discrimination against any employee or applicant for employment because of the person's RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, or DISABILITY with respect to hiring, firing, promotion, compensation, or other terms, conditions or privileges of employment. The United States Postal Service, Madison Carrier Annex, Madison, Wisconsin, supports and will comply with such Federal law and will not take action against individuals because they have exercised their rights under law. The United States Postal Service, Madison Carrier Annex, Madison, Wisconsin, has been ordered to remedy an employee affected by the Commission's finding that the agency retaliated against her. As a remedy for the discrimination, the United States Postal Service, Madison Carrier Annex, Madison, Wisconsin, was ordered to pay back pay, including overtime and benefits; to pay the employee compensatory damages; and to consider discipline for the agency official found to have discriminated against the affected employee. The United States Postal Service, Madison Carrier Annex, Madison, Wisconsin, will ensure that officials responsible for personnel decisions and terms and conditions of employment will abide by the requirements of all Federal equal employment opportunity laws. The United States Postal Service, Madison Carrier Annex, Madison, Wisconsin, will not in any manner restrain, interfere, coerce, or retaliate against any individual who exercises his or her right to oppose practices made unlawful by, or who participates in proceedings pursuant to, Federal equal employment opportunity law. ________________________ Date Posted: ________________ Posting Expires: _____________ 29 C.F.R. Part 1614