05A30633_r
05-02-2003
Gloria C. Parker-Allen, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Gloria C. Parker-Allen v. Department of the Treasury
05A30633
May 2, 2003
.
Gloria C. Parker-Allen,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Request No. 05A30633
Appeal No. 01A22585
Agency No. 02-1049B
DENIAL OF REQUEST FOR RECONSIDERATION
Gloria C. Parker-Allen (complainant) timely initiated a request to the
Equal Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Gloria C. Parker-Allen v. Department of the Treasury,
EEOC Appeal No. 01A22585 (March 26, 2003). EEOC Regulations provide that
the Commission may, in its discretion, 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(b).
On request for reconsideration, complainant argues, for the first time,
three reasons to void the January 4, 2002 settlement agreement she
entered with the agency. First, complainant argues that she was not
informed her of her right to review the agreement with an attorney.
Second, she contends that the agreement should have provided her with
an opportunity to cancel the agreement. Finally, complainant asserts
that she was mentally incapable of entering into the settlement agreement.
The Commission notes that complainant's first two reasons relate to
protections afforded under the Older Workers' Benefits Protection
Act (OWBPA) to all claimants settling issues of age discrimination.
Complainant did not raise age discrimination in the underlying complaint;
therefore, the agency's failure to comply with the OWPBA is irrelevant.
Regarding complainant's capacity to enter a contract, the Commission notes
that complainant never raised this issue in her original claim of breach,
or on appeal, although this information was available to her at all
relevant times. Further, if the Commission found the settlement agreement
void by reason of complainant's incapacity, complainant would be required
to return all benefits she received under the settlement agreement,
including the payment of $12,500.00, and the positive reference.
Given complainant's failure to raise this issue in her original appeal,
complainant's request is denied because it fails to meet the criteria
of 29 C.F.R. � 1614.405(b). The decision in EEOC Appeal No. 01A22585
remains the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on this request
for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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 (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
May 2, 2003
__________________
Date