CASE D

After Chartmans obtained a substantial award at hearing against the defendant federal agency, Complainant filed an appeal with the Equal Employment Opportunity Commission (“EEOC” or “Commission”), pursuant to 29 C.F.R. § 1614.504, alleging noncompliance with the Agency’s Final Order concerning her equal employment opportunity (“EEO”) complaint, wherein an EEOC Administrative Judge (“AJ”) found the Agency in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, 42 U.S.C. § 2000e et seq., and Section 501 of the Rehabilitation Act of 1973 (“Rehabilitation Act”), as amended, 29 U.S.C. § 791 et seq.2 The Commission accepts the appeal in accordance with 29 C.F.R. § 1614.405 and found because Complainant was the prevailing party here, asthe agency adopted an AJ’s finding of discrimination and order of relief, Complainant was entitled to the reasonable costs arising from the litigation of her complaint. The complainant petitioned the agency for reasonable costs and provided it with “a detailed spreadsheet showing a breakdown of the costs expended, with supporting documents, and a request was made for payment of the costs.” We find that the Complainant has demonstrated that the agency failed to timely or fully comply with its September 22, 2020, Final Order adopting the AJ’s August 11, 2020, Decision. Thus, as the prevailing party in the underlying complaint, Complainant is entitled to reasonable attorney fees and costs for efforts to obtain compliance with the agency’s Final Order. The complainant may petition the agency for any reasonable costs that she personally incurred in her effort to obtain compliance prior to retaining a legal representative.