05A30326_r
06-04-2004
Joyce A. Beverly, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Joyce A. Beverly v. Department of Justice
05A30326
June 4, 2004
.
Joyce A. Beverly,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Request No. 05A30326
Appeal No. 01A23746
Agency No. F-01-5626
DISMISSAL
The Department of Justice (agency) and the National Security Agency
timely initiated requests to the Equal Employment Opportunity Commission
(EEOC or Commission) to reconsider the decision in Joyce A. Beverly
v. Department of Justice, EEOC Appeal No. 01A23746 (October 11, 2002).<1>
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 reconsideration, the agency and the National Security Agency argue that
complainant settled the instant complaint. A review of provision 6 of a
settlement agreement between complainant and the National Security Agency,
dated August 19, 2002, reflects that complainant agreed to waive and not
file any appeal, or any other complaints, petitions, charges or causes of
action, or initiate litigation in any forum against the National Security
Agency or any other agency regarding the complaint that was resolved
pursuant to the settlement agreement �or with respect to any other
claim, petition, charge or cause of action, whether know or unknown,
that Complainant has or claims to have as of the effective date [of]
this Agreement.�
Accordingly, the instant matter is DISMISSED, and the agency, the
National Security Administration, or the Department of the Navy need
not take any further action to comply with the Commission's Order in
EEOC Appeal No. 01A23746.
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
June 4, 2004
__________________
Date
1In the prior decision, the Commission vacated
the agency's dismissal of complainant's complaint, and remanded the
complaint to the agency. The Commission ordered the agency to contact
the Department of the Navy and the National Security Agency to jointly
process complainant's complaint.