05981101
01-25-2001
Freddy L. Harris, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Freddy L. Harris v. United States Postal Service
05981101
01-25-01
.
Freddy L. Harris,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05981101
Appeal No. 01974365
Agency No. 4G-720-1137-96
DISMISSAL
On August 24, 1998, Freddy L. Harris (complainant) timely initiated a
request to the Equal Employment Opportunity Commission (the Commission)
to reconsider the decision in Freddy L. Harris v. William J. Henderson,
Postmaster General, United States Postal Service, EEOC Appeal No. 01974365
(August 19, 1998). The previous decision affirmed the agency's decision
dismissing the complaint at issue herein for failure to state a claim
pursuant to 29 C.F.R. � 1614.107(a)(1).<1>
By letter dated August 24, 2000, the agency informed the Commission that
the parties had entered into a settlement agreement (SA) dated August
11, 2000. The SA provides at Paragraph 3 (page 2), in part:
This settlement agreement constitutes full settlement of all Complainant's
EEO complaints and Complainant agrees to withdraw his EEO complaints
including but not limited to [other complaint numbers].... [emphasis
supplied]
In addition, complainant agreed that he entered "into this settlement
agreement freely and voluntarily without intimidation or coercion"
[Paragraph 6 (page 3)] and that he "read and fully understand[s] the
terms and condition set forth in this settlement agreement" [Paragraph 7
(page 3)].
In response to the agency's letter, however, complainant requested that
the instant matter not be dismissed as it "has not been settled/resolved
through any agreement." (Complainant's letter of September 1, 2000).
Complainant is incorrect. The SA states that it is in "full settlement
of all Complainant's EEO complaints." This provision, on its face,
does not exclude any EEO complaint, whether identified in the SA or
not identified. There is nothing in the SA to indicate that the instant
matter is excluded from the terms of the SA.<2>
For these reasons, complainant's request is dismissed, and the matter
before us is closed, as resolved by the parties in the SA dated August
11, 2000.
STATEMENT OF COMPLAINANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. 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.
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
_____01-25-01_____________
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
2We note that the SA refers to "discipline related to the accident
of May 18, 1996," and the underlying event here concerns a letter of
warning dated previous to the accident. (See Paragraph 1, page 1).
Nevertheless, complainant agreed to withdraw all EEO complaints, without
exception for the instant matter.