0120150408
05-12-2017
Ardelle P.,1 Complainant, v. Robert M. Speer, Acting Secretary, Department of the Army, Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Ardelle P.,1
Complainant,
v.
Robert M. Speer,
Acting Secretary,
Department of the Army,
Agency.
Appeal No. 0120150408
Agency No. ARRRAD12SEP03913
DECISION
Complainant filed a timely appeal with this Commission from the Agency's decision (FAD) dated October 6, 2014, concerning her equal employment opportunity (EEO) complaint alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq., and the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq. For the following reasons, Complainant's appeal is DISMISSED.
On December 17, 2012, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the bases of sex (female), age (41), and in reprisal for prior protected EEO activity when:
1. On July 11, 2012, she was barred from Theatre in support of Joint Program Office (JPO) Mine Resistant Ambush Protected (MRAP) Forward (FWD) Program and Operation Enduring Freedom (OEF); and
2. On August 18, 2012, her time limited appointment as a Materials Handler, WG-6907-06, was not extended.
The FAD found that Complainant did not establish that she was subjected to discrimination and/or reprisal. Complainant appealed the Agency's decision to the Commission. In the interim, the Commission learned that a settlement agreement, dated June 24, 2015, was reached between the parties. The June 24, 2015, settlement agreement provided, in pertinent part, the following:
1. In the interest of promoting the principles of the Equal Employment Opportunity (EEO) Program, the parties agree to settle the complaint on the terms shown in paragraphs 3 and 4 below.
Docket Number: ARASC12JUN02499 & ARRRAD12SEP03913
***
4. The Complainant agrees:
To withdraw her formal complaints of discriminations referenced by docket numbers in paragraph 1 above and by dates in paragraph 5 below.
5. Complainant's signature on this agreement constitutes full and complete settlement of any and all issues and claims arising from the circumstances of her formal complaints dated 09 July 2012 and 17 December 2012.2
EEOC Regulation 29 C.F.R. � 1614.504(a) provides that any settlement agreement knowingly and voluntarily agreed to by the parties, reached at any stage of the complaint process, shall be binding on both parties. Accordingly, EEOC complaint No. 0120150408 is DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0416)
The Commission may, in its discretion, reconsider the decision in this case if the Complainant or the Agency submits a written request containing arguments or evidence which tend to establish 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.
Requests to reconsider, with supporting statement or brief, must be filed with the Office of Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision or within twenty (20) calendar days of receipt of another party's timely request for reconsideration. See 29 C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 � VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. The requests may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, the request to reconsider shall be deemed timely filed if it is received by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. � 1614.604. The request or opposition must also include proof of service on the other party.
Failure to file within the time period will result in dismissal of your request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted with your request for reconsideration. The Commission will consider requests for reconsideration filed after the deadline only in very limited circumstances. See 29 C.F.R. � 1614.604(c).
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
__5/12/17________________
Date
1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website.
2 The December 17, 2012, complaint pertains to the instant case.
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