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.