01a11196_r
04-19-2002
Mary E. Repine, Complainant, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.
Mary E. Repine v. Department of the Treasury
01A11196
April 19, 2002
.
Mary E. Repine,
Complainant,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A11196
Agency No. 99-4286B
DECISION
Upon review, the Commission finds that the agency's decision not to
reinstate complainant's complaint of unlawful employment discrimination
that the parties had settled is proper. See 29 C.F.R. � 1614.504.
The record indicates that on January 27, 2000, the parties entered into
a settlement agreement which provided, in pertinent part, that:
The parties agree that the facts of this settlement agreement and all
terms contained therein shall not be publicized in any manner except as
is necessary for the parties to carry out the terms of the agreement.
In her letter dated June 14, 2000, complainant alleged that the agency
breached item 4 of the settlement agreement. Specifically, complainant
indicated that her current Team Leader received a call from complainant's
former branch official indicating that complainant's current position
was due to the settlement agreement and that complainant breached the
settlement agreement. Complainant also alleged that she received a
low evaluation in May 2000. The agency has included in the record
a statement from one of the parties involved in the alleged breach
of confidentiality in which that person denies the alleged breach of
confidentiality. The Commission finds that complainant has failed to
submit persuasive evidence showing that the agency breached provision
4 of the settlement agreement.
Regarding the evaluation, the Commission finds that the settlement
agreement does not provide for any particular evaluation. Therefore,
the Commission finds that complainant has failed to show that the
agency breached the settlement agreement. Complainant has not raised
any other claim of breach of the settlement agreement. If complainant
believes that the evaluation was issued in a discriminatory manner and
she wishes to file a complaint on the matter pursuant to � 1614.106,
then she should contact an EEO Counselor within 15 days of the date this
decision becomes final.
Accordingly, the agency's decision finding no breach of the settlement
agreement is AFFIRMED.
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
April 19, 2002
__________________
Date