Tiffany Meadows, Complainant,v.Norman Y. Mineta, Secretary, Department of Transportation, Agency.

Equal Employment Opportunity CommissionFeb 3, 2004
01A34688_r (E.E.O.C. Feb. 3, 2004)

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