Complainant,v.Paul R. Verkuil, Chairman, Administrative Conference Of the United States, Agency.

Equal Employment Opportunity Commission

Mar 25, 2015

0520150066 (E.E.O.C. Mar. 25, 2015)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

,
Complainant,

v.

Paul R. Verkuil,
Chairman,
Administrative Conference Of the United States,
Agency.

Request No. 0520150066

Appeal No. 0120122770

DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in Complainant v. Administrative
Conference of the United States, EEOC Appeal No. 0120122770 (August 13, 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).
In his underlying complaint, Complainant alleged the Agency breached a settlement agreement
into which the parties entered. In the prior decision, the Commission affirmed the Agency's
finding that it breached the terms of the settlement agreement.

After reviewing the previous decision and the entire record, the Commission finds that the
request fails to meet the criteria of 29 C.F.R. § 1614.405(c), and it is the decision of the
Commission to deny the request. The decision in EEOC Appeal No. 0120122770 remains the
Commission's decision. There is no further right of administrative appeal on the decision of
the Commission on this request.

ORDER
Within thirty (30) calendar days from the date this decision becomes final, the Agency shall
notify Complainant that he has fifteen (15) calendar days from the date of his receipt of the
Agency's notice to elect to either void the settlement agreement and reinstate the underlying
EEO complaint for continued processing or allow the terms of the settlement agreement to
stand. Complainant shall be further notified that in order to reinstate the underlying matter and
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return to the status quo prior to the signing of the agreement, he must return any benefits
received pursuant to the agreement. The Agency shall determine any payment due
Complainant, or return of consideration or benefits due from Complainant, within thirty (30)
calendar days of the date this decision becomes final, and shall include such information in the
notice to Complainant.

If Complainant elects reinstatement of his complaint and he returns any monies or benefits
owing to the Agency, as specified above, the Agency shall resume processing Complainant's
complaint from the point processing ceased pursuant to 29 C.F.R. § 1614.108 et seq. If
Complainant elects to maintain the settlement agreement, the Agency shall take any additional
steps necessary to secure specific performance of its terms.

A copy of the Agency's notice to Complainant regarding his options, including the
determination of consideration due or owing, as well as a copy of either the correspondence
reinstating his complaint for processing or the correspondence notifying Complainant that the
terms of the settlement agreement will be adhered to, must be sent to the Compliance Officer,
as referenced below.

ATTORNEY'S FEES

(H0610)
If Complainant has been represented by an attorney (as defined by 29 C.F.R. §
1614.501(e)(1)(iii)), he/she is entitled to an award of reasonable attorney's fees incurred in the
processing of the complaint. 29 C.F.R. § 1614.501(e). The award of attorney's fees shall be
paid by the Agency. The attorney shall submit a verified statement of fees to the Agency -- not
to the Equal Employment Opportunity Commission, Office of Federal Operations -- within
thirty (30) calendar days of this decision becoming final. The Agency shall then process the
claim for attorney's fees in accordance with 29 C.F.R. § 1614.501.

IMPLEMENTATION OF THE COMMISSION’S DECISION
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 77960, Washington, DC
20013. 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)
(K0610)
0520150066

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(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.
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION
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.
(R0610)

RIGHT TO REQUEST COUNSEL

(Z0610)
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 from the Court that the Court appoint an attorney to represent you
and that the Court also 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
with the Court 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

Date
March 25, 2015