Opal V,1 Petitioner,v.Jeff B. Sessions, Attorney General, Department of Justice (Federal Bureau of Investigation), Agency.

Equal Employment Opportunity Commission

Apr 11, 2017

0420160014 (E.E.O.C. Apr. 11, 2017)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Opal V,1
Petitioner,

v.

Jeff B. Sessions,
Attorney General,
Department of Justice
(Federal Bureau of Investigation),
Agency.

Petition No. 0420160014

Appeal No. 0720150006

Agency No. FBI-2009-00069

DECISION ON A PETITION FOR ENFORCEMENT

On May 9, 2016, the Equal Employment Opportunity Commission (EEOC or Commission)
docketed a petition for enforcement to examine the enforcement of an Order set forth in EEOC
Appeal No. 0720150006 (June 15, 2015). The Commission accepts this petition for
enforcement pursuant to 29 C.F.R. § 1614.503. Petitioner alleged that the Agency failed to
fully comply with the Commission’s order.

BACKGROUND

At the time of events giving rise to this complaint, Petitioner worked as a Special Agent
(Criminal Investigator) at the Agency’s facility in Reno, Nevada. Petitioner filed a complaint
in which she alleged that the Agency discriminated against her on the bases of her sex (female)
and in reprisal for prior protected EEO activity, in violation of Title VII of the Civil Rights
Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq.

Following a hearing, the Equal Employment Opportunity Commission Administrative Judge
(AJ) assigned to the matter found discrimination on the basis of reprisal when in November,
2008, Petitioner was given an “unacceptable” performance appraisal report. In its final order,

1 This case has been randomly assigned a pseudonym which will replace Petitioner’s name
when the decision is published to non-parties and the Commission’s website.
0420160014

2
the Agency rejected the AJ’s finding of discrimination and appealed the matter to the
Commission.

In our decision on appeal, the Commission reversed the Agency’s final order and directed the
Agency to: (1) change Petitioner’s unacceptable performance appraisal and expunge any
narrative that reflects unsatisfactory performance; (2) pay Petitioner $35,000.00 in
compensatory damages; (3) provide EEO training to responsible management officials; (4) pay
Petitioner attorney’s fees and costs in amount of $142,167.07; (5) consider taking disciplinary
action against the responsible management officials still employed with the Agency; and (6)
post a Notice of the finding of discrimination.

On June 14, 2016, Petitioner submitted the petition for enforcement at issue. In the petition,
Petitioner acknowledges that the Agency complied with all but a single provision of our Order.
Specifically, Petitioner contends that the Agency failed to take appropriate disciplinary action
against the responsible management officials.

ANALYSIS AND FINDINGS

As this petition for enforcement only concerns our order for the Agency to consider taking
disciplinary action against responsible management officials in this case, we will restrict our
review herein to this matter. The Agency submitted its report on compliance, dated January
13, 2016, in which it states that it did not take disciplinary action against the named
responsible management officials. The report notes that four of the five management officials
identified as being responsible for subjecting Petitioner to reprisal are no longer employed by
the Agency. The report also state that the Agency determined that no further action needed to
be taken against the remaining responsible management official. Specifically, the Agency
provided documentation showing that the matter was referred to its Inspection Division and
that the Inspection Division issued a decision, dated September 15, 2015, finding that upon
review of all relevant evidence, “[the] matter does not warrant the opening of an administrative
inquiry.” The Agency, therefore, determined that no discipline was necessary.

We note that the Commission ordered the Agency to consider taking disciplinary action, which
is not the same as ordering disciplinary action. The Agency has shown that it considered taking
disciplinary action against the management official involved in this case, but the Agency found
that disciplinary action was not warranted. Further, we note that although Petitioner named
several other management officials she believes the Agency was required to take disciplinary
action against, these individual were not found to be responsible management officials by
either the AJ or the Commission on appeal. Consequently, we find that the Agency complied
with our order.

CONCLUSION

Accordingly, the Petition for Enforcement is DENIED.

0420160014

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COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610)

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. If you file a request to reconsider and also file a civil action, filing a civil action will
terminate the administrative processing of your complaint.

RIGHT TO REQUEST COUNSEL (Z0815)

If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may
request permission from the court to proceed with the civil action without paying these fees or
costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may
request the court to appoint an attorney for you. You must submit the requests for waiver of
court costs or appointment of an attorney directly to the court, not the Commission. The court
has the sole discretion to grant or deny these types of requests. Such requests do not alter the
time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File
a Civil Action for the specific time limits).

FOR THE COMMISSION:

______________________________ Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations

April 11, 2017
Date