[Redacted], Charlyn P., 1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service (Field Areas and Regions), Agency.

Equal Employment Opportunity Commission

Dec 7, 2021

Appeal No. 2021002828 (E.E.O.C. Dec. 7, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Charlyn P.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Appeal No. 2021002828 Agency No. 1C-441-0049-16 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from a final decision (FAD) by the Agency. See 29 C.F.R. § 1614.402; 29 C.F.R. § 1614.504(b); and 29 C.F.R. § 1614.405. BACKGROUND At the time of events giving rise to this complaint, Complainant worked as a Review Clerk at the Agency’s Processing and Distribution Center in Cleveland, Ohio. Believing that the Agency subjected her to unlawful discrimination, Complainant contacted an Agency EEO Counselor to initiate the EEO complaint process. On September 21, 2016, the Agency executed a settlement agreement to resolve the matter. The settlement agreement provided, in pertinent part, that Complainant would receive monetary compensation from the Agency, but the payment was not an admission of discrimination or wrongdoing on the part of any official of the Agency. 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website. 2021002828 2 By letter to the Agency dated January 28, 2021, Complainant requested “breach of term package.” Believing that Complainant had filed a claim for breach of settlement agreement, the Agency issued a final agency decision on March 12, 2021, finding the settlement agreement had not been breached. On April 9, 2021 Complainant filed the instant appeal. Complainant submitted a statement on appeal, indicating that she was dissatisfied with the processing of her EEO complaint. Complainant indicated that EEO Case Managers failed to follow-up with her on the processing of her complaint. Complainant stated that when she asked her legal representative about the status of her case in 2017, 2018, 2019 and 2020 he did not have an update. Complainant stated that she had not received an update on her case until an EEO Specialist pulled her case up and told her that her case was settled on September 21, 2016. Complainant contended that she never entered into a settlement agreement with the Agency, the signature on the settlement agreement was not her signature, and that “someone” had forged her signature. After receiving Complainant’s appeal, the Agency rescinded its March 12, 2021 decision and issued a new final agency decision dated May 17, 2021. The Agency declared the September 21, 2016 settlement agreement “null and void” and reinstated Complainant’s EEO complaint. The Agency represented that Agency Case No. 1C-441-0049-16 would be “reinstated for further processing at the point processing ceased.” In addition, the Agency indicated that an EEO ADR Specialist had been assigned to Complainant’s pre-complaint and would contact Complainant and her representative to process her pre-complaint. ANALYSIS EEOC Regulation 29 C.F.R. § 1614.504(a) provides that 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. The Commission has held that a settlement agreement constitutes a contract between the employee and the Agency, to which ordinary rules of contract construction apply. See Herrington v. Dep’t of Def., EEOC Request No. 05960032 (December 9, 1996). In the present case, the Agency rescinded the March 12, 2021 decision and issued a new final agency decision dated May 17, 2021. In the new decision, the Agency declared the settlement agreement “null and void” after Complainant specified that she had not entered into the agreement pursuant to 29 C.F.R. § 1614.504(a). In light of Complainant’s claim that she did not sign the settlement agreement, the Commission finds that it was proper for the Agency to declare the settlement agreement null and void, and reinstate Agency Case No. 1C-441-0049-16 for further processing. Accordingly, the Commission determines that the Agency's May 17, 2021 decision was proper and is hereby AFFIRMED. 2021002828 3 STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0920) The Commission may, in its discretion, reconsider this appellate decision if Complainant or the Agency submits a written request that contains arguments or evidence that 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 for reconsideration must be filed with EEOC’s Office of Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision. If the party requesting reconsideration elects to file a statement or brief in support of the request, that statement or brief must be filed together with the request for reconsideration. A party shall have twenty (20) calendar days from receipt of another party’s request for reconsideration within which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B (Aug. 5, 2015). Complainant should submit his or her request for reconsideration, and any statement or brief in support of his or her request, via the EEOC Public Portal, which can be found at https://publicportal.eeoc.gov/Portal/Login.aspx Alternatively, Complainant can submit his or her request and arguments to the Director, Office of Federal Operations, Equal Employment Opportunity Commission, via regular mail addressed to P.O. Box 77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, a complainant’s request to reconsider shall be deemed timely filed if OFO receives it by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604. An agency’s request for reconsideration must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either party’s request and/or statement or brief in opposition must also include proof of service on the other party, unless Complainant files his or her request via the EEOC Public Portal, in which case no proof of service is required. Failure to file within the 30-day time period will result in dismissal of the party’s request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted together with the 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). 2021002828 4 COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610) 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 (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations December 7, 2021 Date