Carol A. Clopton, et al.
Stephen L. Johnson,
Environmental Protection Agency,
Request No. 0520070139
Appeal No. 01A62246
Hearing No. 280-2000-04324X
Agency No. 2000096R7
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. §
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.
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. 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
FOR THE COMMISSION:
Carlton M. Hadden, Director
Office of Federal Operations
January 9, 2007
 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.