[Redacted], Jan M., 1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity Commission

Sep 15, 2022

Appeal No. 2022003218 (E.E.O.C. Sep. 15, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Jan M.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service, Agency. Appeal No. 2022003218 Agency No. 1B-031-0025-19 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's decision dated April 15, 2022, concerning the allegation that it breached a settlement agreement it had with Complainant. BACKGROUND On August 22, 2019, Complainant initiated contact with an EEO Counselor regarding claims that she had been discriminated against on the bases of sex (female) and in reprisal for prior protected EEO activity when: 1. In June 2019, Complainant's supervisor (“S1”) made a crude remark to a craft employee about Complainant. 2. In June 2019, S1 asked Complainant to treat certain employees differently based on whether S1 liked them or not. 3. S1 would walk through Complainant's work area with no business purpose. 4. On August 21, 2019, S1 followed Complainant and took pictures of her in her vehicle while in the parking lot. 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. 2022003218 2 5. In September 2019, S1 did not offer Complainant holiday overtime for the Labor Day holiday. 6. In September 2019, Complainant was removed from her work area, the North Dock/Outsides.2 On November 20, 2019, the Agency issued Complainant notice of her right to file a formal complaint of discrimination within fifteen days. There is no record that Complainant ever filed a formal complaint on these matters. More than a year later, by email dated April 6, 2022 to the Agency’s EEO office, Complainant alleged that the Agency breached an agreement between the parties indicating that “the terms agreed upon in order for me to drop my EEO against [named individual] were not fully met.” It appears from Complainant’s email that she believed the parties had agreed to change her seniority date to May 28, 2016, but this had not been done. In its April 15, 2022 final decision, the Agency concluded there was no settlement agreement between the parties and essentially dismissed the breach claim. This appeal followed. ANALYSIS AND FINDINGS 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. However, 29 C.F.R. § 1614.603 requires that any settlement reached must be in writing and signed by both parties Here, the Agency asserts no enforceable written settlement agreement was reached between the parties in Agency No. 1B-031-0025-19 and Complainant has not produced any purported agreement. Without an enforceable written agreement, Complainant lacks standing to assert a breach claim under the procedures delineated in 29 C.F.R. § 1614.504. As such, the Agency's determination to dismiss Complainant’s breach claim was proper. CONCLUSION The Agency's decision dismissing Complainant’s breach claim because there was no enforceable settlement agreement between the parties is AFFIRMED. 2 This informal complaint was identified as Agency No. 1B-031-0025-19. 2022003218 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). 2022003218 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 September 15, 2022 Date