01A22395_r
07-12-2002
Delores Morelon, Complainant, v. Ann M. Veneman, Secretary, Department of Agriculture, Agency.
Delores Morelon v. Department of Agriculture
01A22395
July 12, 2002
.
Delores Morelon,
Complainant,
v.
Ann M. Veneman,
Secretary,
Department of Agriculture,
Agency.
Appeal No. 01A22395
Agency No. 010246
DECISION
Complainant appealed to this Commission from the agency's March 20,
2002 dismissal of her employment discrimination complaint. In her
complaint, complainant alleged discrimination on the bases of race
(African-American), sex (female), age, and reprisal for prior EEO activity
when she was reassigned to the State Office in Little Rock, Arkansas,
as a GS-12 Loan Specialist.
The agency dismissed the complaint for stating the same claim raised
in a prior complaint. The record reveals, however, that complainant's
reassignment is not the same issue raised in her prior complaint.
Complainant's prior complaint concerns the agency's decision to
place complainant in a temporary detail in February 1998. See Morelon
v. Department of Agriculture, EEOC Appeal No. 01A12304 (June 19, 2002).
Therefore, the agency's reasoning for its dismissal was improper.
Nonetheless, the Commission finds that the present complaint fails to
state a claim. EEOC Regulations require the dismissal of complaints that
fail to state a claim. See 29 C.F.R. � 1614.107(a)(1). The present
complaint concerns the agency's offer to reassign her to the GS-12
Loan Specialist position in Little Rock as a settlement for her prior
complaint.<1> �Settlement negotiations, including any statements
or proposals, are to be treated as confidential and privileged to
facilitate a candid interchange to settle disputes informally.� Harris
v. Department of the Navy, EEOC Request No. 05941002 (March 23, 1995).
To allow a new complaint based on a settlement offer would defeat this
purpose. See Millea v. Department of Veterans Affairs, EEOC Request
No. 05980235 (May 21, 1998); Montague v. Department of the Army, EEOC
Request No. 05920231 (May 2, 1992); see also Green v. United States
Postal Service, EEOC Request No. 05980207 (June 25, 1998) (agency's
withdrawal of an offer made in settlement not actionable).
CONCLUSION
Accordingly, the agency's dismissal 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
July 12, 2002
__________________
Date
1The record includes two subsequent settlement
offers proposed by the parties. None resulted in binding settlement
agreements. Further, the record contains no evidence to suggest that
complainant was reassigned to a different position or office.