0120081119
03-27-2008
Annie Johnson, Complainant, v. Robert M. Gates, Secretary, Department of Defense, (Defense Finance & Accounting Service), Agency.
Annie Johnson,
Complainant,
v.
Robert M. Gates,
Secretary,
Department of Defense,
(Defense Finance & Accounting Service),
Agency.
Appeal No. 0120081119
Agency No. MPE001842007
DISMISSAL
Complainant filed a timely appeal with this Commission from the agency's
decision dated December 3, 2007, dismissing her complaint of unlawful
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. In her complaint, complainant alleged that she
was subjected to discrimination on the bases of race (African-American),
sex (female), age (D.O.B. 08/19/56), and reprisal for prior protected
EEO activity under Title VII of the Civil Rights Act of 1964 when:
1. During March and April 2007, she was not placed on priority hiring
listings;
2. On October 11, 2007, she had not received corrected personnel documents
in order to apply for current and/or future employment opportunities;
3. She was subjected to continuous reprisal and harassment when:
a. From 2000 to July 30, 2007, her annual and sick leave were not
restored;
b. From 2000 to July 30, 2007, she was not paid for promotions;
c. From 2000 to July 30, 2007, she did not receive payment for lost
wages and overtime;
d. During a period of her employment, she was not paid for regular work
hours, overtime, annual leave and performance awards;
e. Corrections and restorations regarding her service computation date
were not accurately changed;
f. Payroll records pertaining to her period of employment were withheld.
The agency dismissed the complaint on the grounds that it is the basis
of a civil action decided by the United States District Court and fails
to state a claim. A review of the record reveals that in her complaint,
complainant alleges essentially that the agency breached the terms of
a negotiated settlement agreement entered into by the parties on June
4, 2007. The June 4, 2007 agreement settled a civil action filed by
complainant in the United States District Court for the District of
South Carolina.1 The Commission in this matter shall not entertain a
claim that the agency breached a civil action settlement agreement.
The Commission finds that complainant's claim of breach of a civil
action settlement agreement should be raised in a different forum such
as a United States District Court. In that regard, we find that the
agency's dismissal of the instant complaint was proper. Accordingly,
the agency's decision is affirmed for the reasons set forth herein.
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
March 27, 2008
__________________
Date
1 Identified as Civil Action number 2:06-809-DCN-GCK
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0120081119
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036