0520080719
09-10-2008
Sheryl Taylor, Complainant, v. Henry M. Paulson, Jr., Secretary, Department of the Treasury, Agency.
Sheryl Taylor,
Complainant,
v.
Henry M. Paulson, Jr.,
Secretary,
Department of the Treasury,
Agency.
Request No. 0520080719
Appeal No. 0120073058
Agency No. C13MEM05057
DENIAL
Complainant timely requested reconsideration of the decision in Sheryl
Taylor v. Department of the Treasury, EEOC Appeal No. 0120073058 (July
25, 2008). EEOC Regulations provide that the Commission may, in its
discretion, grant a request to 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).
In the appellate decision, complainant claimed breach of a July 19, 2005,
settlement agreement. The Commission found that the record was inadequate
to determine whether the agency had breached the settlement agreement.
The Commission also noted that complainant alleged that the agency was
prohibited from sharing the information regarding her suspension under
the terms of the settlement agreement. Therefore, the Commission remanded
this matter to the agency for a supplemental investigation.
In her request for reconsideration, complainant contends that the
Commission erred when it found that there was not adequate information
in the file to determine if the agency had breached the settlement
agreement. Complainant contends that she forwarded to the Office of
Federal Operations documentation entitled Department of Treasury Final
Agency Decision, dated November 1, 2006, wherein the agency admitted to
breaching item 1 (a) of the settlement agreement. Moreover, complainant
contends that she would not have signed a settlement agreement that
provided for the removal of information regarding the subject suspension
from her personnel file that then allowed the information to be forwarded
to the Office of Personnel Management (OPM). Complainant believes that
the agency's action is an additional act of retaliation.
After reconsidering the previous decision and the entire record, the
Commission finds that the request fails to meet the criteria of 29
C.F.R. � 1614.405(b), and it is the decision of the Commission to deny
the request. We find that complainant has not shown that the appellate
decision involved a clearly erroneous interpretation of material fact
or law, or that the appellate decision will have a substantial impact on
the policies, practices, or operations of the agency. Notwithstanding,
the Commission modifies its previous order to require the agency to
produce the agency's Final Agency Decision dated November 1, 2006.
Accordingly, the decision in EEOC Appeal No. 0120073058 with the
addition of the modified order remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request.
ORDER
The agency is ordered to take the following action:
The agency shall conduct a supplemental investigation, which shall
include a determination as to whether the documents provided by
complainant from OPM were from sources from which the terms of
the settlement agreement required information of complainant's
suspension be expunged and whether it breached the settlement
agreement by providing OPM with that information. The agency shall
also produce the agency's Final Agency Decision dated November 1,
2006, regarding the allegation of breach of Settlement Agreement.
Thereafter, but no later than 30 days after the date of this
decision, the agency shall issue a final decision on the issue of
whether it breached the settlement agreement of July 19, 2005.
Copies must be submitted to the Compliance Officer, as referenced
herein.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0408)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement
of the order. 29 C.F.R. � 1614.503(a). The complainant also has the
right to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).
Alternatively, the complainant has the right to file a civil action on
the underlying complaint in accordance with the paragraph below entitled
"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.
A civil action for enforcement or a civil action on the underlying
complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)
(1994 & Supp. IV 1999). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 29 C.F.R. � 1614.409.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0408)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. In the alternative, you may file a
civil action after one hundred and eighty (180) calendar days of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z0408)
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
09-10-08
__________________
Date
2
0520080719
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
4
0520080719