01A11097
09-18-2002
Lilajit K. Rai, Complainant, v. Ann M. Veneman, Secretary, Department of Agriculture, Agency.
Lilajit K. Rai v. Department of Agriculture
01A11097
September 18, 2002
.
Lilajit K. Rai,
Complainant,
v.
Ann M. Veneman,
Secretary,
Department of Agriculture,
Agency.
Appeal No. 01A11097
Agency No. 930901
DECISION
Complainant filed a timely appeal with this Commission from a final
decision (FAD) by the agency dated October 11, 2000, finding that it was
in compliance with the terms of the March 16, 1993 settlement agreement
into which the parties entered. See 29 C.F.R. � 1614.402; 29 C.F.R. �
1614.504(b); and 29 C.F.R. � 1614.405.
The settlement agreement provided, in pertinent part, that the agency
would provide complainant with a discriminatory free work environment.
In June 1993, complainant filed an EEO complaint alleging discrimination
when she was denied a detail. This complaint was investigated, after
which complainant requested a hearing before an EEOC Administrative Judge
(AJ). The AJ determined that complainant was subjected to discrimination
on the bases of her sex (female) and prior EEO activity (under Title
VII) when she was denied the detail. The agency adopted the finding of
discrimination on May 12, 1997.
On June 11, 1997, complainant asked that her settled complaint be
reinstated, as the agency had breached the provision requiring that
it provide a discriminatory free work environment. In its October 11,
2000 FAD, the agency concluded that allegations of breach of a promise
not to discriminate should be dealt with as new complaints, and not as
issues of noncompliance. It therefore concluded that complainant failed
to establish that the agency was in non-compliance with the March 16,
1993 settlement agreement.
Complainant raises no contentions on appeal and the agency asks that
its FAD be affirmed.
According to Commission regulations, allegations that subsequent acts
of discrimination violate a settlement agreement shall be processed as
separate complaints under 29 C.F.R. � 1614.106 or � 1614.204, rather than
as allegations of non-compliance. See 29 C.F.R. � 1614.504(c). Here,
the record establishes that complainant's breach allegation has been
properly adjudicated as a separate complaint. See Agency's Final Order,
dated May 12, 1997. Accordingly, the agency's finding of no breach of
the settlement agreement is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. 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 (S0900)
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 (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
September 18, 2002
Date