01A13121_r
09-07-2001
Maureen Donnelly, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Maureen Donnelly v. Department of Transportation
01A13121
September 7, 2001
.
Maureen Donnelly,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Appeal No. 01A13121
Agency No. DOT-1-01-1050
DECISION
Upon review, the Commission finds that the agency's March 13, 2001
decision dismissing complainant's complaint was proper pursuant to 29
C.F.R. � 1614.107(a)(1). Complainant alleges that she was discriminated
against on the bases of sex and reprisal, when (1) the agency mislead
her and concealed relevant information during settlement agreement
discussions; (2) she was involuntarily reassigned to Andrews Tower;
and (3) she was transferred from Syracuse to appease the men in the
facility where she was originally located because she was perceived
as a troublemaker. The agency dismissed the complaint finding that it
states the same claim that is pending before or has been decided by the
agency or Commission.
Complainant appears to be attempting to avoid compliance with the
settlement agreement. However, pursuant to 29 C.F.R. � 1614.504(a), any
settlement agreement knowingly and voluntarily agreed to by the parties,
reached at any stage of the complaint process, shall be binding on
both parties. Therefore, complainant's attempt to avoid the settlement
agreement does not state a claim and is properly dismissed pursuant to
29 C.F.R. � 1614.107(a)(1). Complainant's claim regarding being misled
about the settlement agreement was considered in Donnelly v. Department
of Transportation, EEOC Appeal No. 01A06037 (January 8, 2001), req. for
recon. denied, EEOC Request No. 05a10289 (May 7, 2001). Furthermore, we
find that complainant is attempting to claim that the agency's actions
in breach of the agreement were motivated by discrimination. We find,
however, that alleging that a discriminatory motive applies to certain
actions does not raise a separate, different claim since the same actions
are being challenged.
The agency's decision dismissing complainant's complaint is AFFIRMED
for 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
September 7, 2001
__________________
Date