0520140472
09-25-2015
Complainant, v. Loretta E. Lynch, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Complainant,
v.
Loretta E. Lynch,
Attorney General,
Department of Justice
(Federal Bureau of Prisons),
Agency.
Appeal No. 0520140472
Agency No. P20090481
DISMISSAL
Complainant timely requested reconsideration of the decision in Complainant v. Department of Justice (FBP), EEOC Appeal No. 0120123302 (June 26, 2014). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision where the requesting party demonstrates 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. See 29 C.F.R. � 1614.405(c). For the following reasons, the Complainant's request for reconsideration is DISMISSED.
The record reveals that on June 20, 2009, Complainant filed a formal complaint alleging that the Agency subjected him to discrimination on the bases of race (African-American), national origin (Hispanic), and reprisal for prior protected EEO activity under Title VII of the Civil Rights Act of 1964 when: (1) on March 21, 2009, he received an "exceeds" rather than an "outstanding" quarterly rating; and (2) on April 13, 2009, he was not selected for promotion to GS-8 Senior Officer Specialist position.
Subsequently, Complainant filed an appeal from the Agency's July 25, 2013 Final Decision which found no discrimination with regard to his complaint. The previous decision affirmed the Agency's FAD. On July 24, 2014, Complainant, as indicated above, requested reconsideration of that decision.
On June 2, 2015, in a proceeding before the Merit Systems Protection Board (MSPB), Complainant and the Agency entered into a settlement agreement resolving his appeal involving the circumstances surrounding the Agency's action removing him from his position. See MSPB No. PH-0752-15-0117-1-1. The settlement provided that the Agency would generate, and execute an SF-52 replacing the one issued by the Agency for the removal action. The new SF-52 was to indicate Complainant was removed from his position because he was medically unable to perform the functions of the job. The new SF-52 would be effective December 23, 2013.
Paragraph 2 of the settlement agreement provided that Complainant agreed to withdraw and/or dismiss with prejudice any current action before any forum, judicial, administrative, or other (including the "Equal Employment Opportunity Commission"), whether related to the appeal that formed the basis of the settlement agreement or not, if it occurred on a date prior to the date the agreement was executed.
The record reveals that the instant Request was filed on July 24, 2014 and was pending at the time of the settlement agreement. As the June 2, 2015 settlement agreement provided for the withdrawal or dismissal of all current actions in any forum, we find that the settlement agreement encompassed the instant Request.
CONCLUSION
Accordingly, Complainant's appeal is hereby DISMISSED because it has been resolved. See 29 C.F.R. � 1614.409. The decision in EEOC Appeal No. 0120123302 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request.
STATEMENT OF RIGHTS - ON APPEAL
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0610)
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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
_9/25/15_________________
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