01A34688_r
02-03-2004
Tiffany Meadows, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Tiffany Meadows v. Department of Transportation
01A34688
February 3, 2004
.
Tiffany Meadows,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Appeal No. 01A34688
Agency Nos. 2-01-2079
2-02-2201
DECISION
The record reveals that on April 8, 2003, complainant and the
agency entered into a settlement agreement regarding complainant's
EEO complaints. The settlement provided, in pertinent part, that in
exchange for complainant voluntarily withdrawing her complaints, the
agency agreed as follows:
The Agency agrees to restore 80 (eighty) hours of annual leave to the
Complainant.
The Agency agrees to release the Complainant and the Co-Employee from the
Washington (DC) Air Route Traffic Control Center (�Washington Center�
or ZDC), Leesburg, VA, for transfer to the Atlanta Air Route Traffic
Control Center (�Atlanta Center� or ZTL), Hampton, GA, not later than
May 31, 2003.
. . . .
It is agreed by all parties that the conditions of this Agreement are
confidential and shall not be shared with anyone who is not a direct
party to the execution of this agreement or necessary to accomplish the
implementation of the terms of this Agreement. As the only exceptions
to the foregoing, the Complainant may discuss the terms of the settlement
with her immediate family and her attorney.
On August 18, 2003, complainant filed with the Commission a claim that the
agency had breached the settlement agreement's confidentiality provision.
Complainant states that she was informed on July 6, 2003, that the
agency's Eastern Region sent a copy of the settlement agreement to a
coworker who was not a party to the complaint. According to complainant,
she subsequently learned that this coworker was discussing the settlement
agreement within the Washington, D.C. agency facility.
On September 9, 2003, the agency sent complainant a letter wherein it
stated that it has complied with the settlement agreement. The agency
attached copies of documents that address the restoration of 80 hours
of annual leave to complainant and her transfer to the Atlanta agency
facility.
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.
If the complainant believes that the agency has failed to comply with
the terms of a settlement agreement or final action, the complainant
shall notify the EEO Director, in writing, of the alleged noncompliance
within 30 days of when the complainant knew or should have known of the
alleged noncompliance. The complainant may request that the terms of
the agreement be specifically implemented, or, alternatively, that the
complaint be reinstated for further processing from the point processing
ceased.
The Commission has consistently held that settlement agreements are
contracts between the complainant and the agency, and it is the intent of
the parties as expressed in the contract, not some unexpressed intention,
that controls the contract's construction. Eggleston v. Department
of Veterans Affairs, EEOC Request No. 05900795 (August 23, 1990).
In ascertaining the intent of the parties with regard to the terms of a
settlement agreement, the Commission has generally relied on the plain
meaning rule. See Hyon v. United States Postal Service, EEOC Request
No. 05910787 (December 2, 1991). This rule states that if the writing
appears to be plain and unambiguous on its face, its meaning must be
determined from the four corners of the instrument without resort to
extrinsic evidence of any nature. See Montgomery Elevator Co. v. Building
Eng'g Servs. Co., 730 F.2d 377, 381 (5th Cir. 1984).
Complainant has not provided evidence to show that the confidentiality
provision was breached apart from her own statements. The agency has
not addressed this claim. We note that complainant apparently notified
the Commission of the breach without first notifying the agency.
Under the circumstances we shall vacate the matter so that the agency
may address whether it breached the confidentiality provision of the
settlement agreement (provision 13). The agency shall attempt to obtain
a statement from the coworker (named by complainant in her August 18,
2003 letter) who allegedly was sent a copy of the settlement agreement.
Thereafter, the agency shall issue a decision as to whether the agency
has breached provision 13 of the agreement.
The matter is REMANDED to the agency for further processing pursuant to
the Order herein.
ORDER
The agency shall conduct an investigation to determine whether it breached
the settlement agreement's confidentiality provision (provision 13). The
agency shall provide documentation in the record to support its decision.
The agency shall attempt to obtain a statement from the coworker (named by
complainant in her August 18, 2003 letter) who allegedly was sent a copy
of the settlement agreement. Within 30 days of the date this decision
becomes final, the agency shall issue a decision determining whether it
breached provision 13 of the settlement agreement. A copy of the agency's
decision must be sent to the Compliance Officer as referenced herein.
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.
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 (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 Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
February 3, 2004
__________________
Date