0120182463
09-27-2018
Belia A.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Southeast Area), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Belia A.,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Southeast Area),
Agency.
Appeal No. 0120182463
Agency No. 1K-271-0020-18
DECISION
On July 18, 2018, Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from a final Agency decision (FAD)2 dated May 25, 2018, and delivered to her on June 19, 2018, closing her request for equal employment opportunity (EEO) counseling and her pre-complaint thereon alleging unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
BACKGROUND
At the time of events giving rise to this complaint, Complainant was employed by the Agency as a Mail Handler, Level 4 at the Greensboro Processing & Distribution Center in Greensboro, North Carolina.
On February 21, 2018, Complainant initiated EEO counseling, and on March 5, 2018, filed her informal claim on an Agency "Information for Pre-Complaint Counseling" form. Therein, she wrote that she was discriminated against based on her race (African-American), sex (female), and color (Dark skin) when she was harassed by an identified person, and instead of helping her management harassed her with a pre-disciplinary interview, and because the Agency did not properly handle the situation, she was "falsely jailed."
Thereafter, on April 25, 2018, the parties engaged in mediation, and on the same day signed an "EEO Settlement Pre-Complaint" on case number 1K-271-0020-18. In the settlement agreement, Complainant agreed to resolve her EEO case, and the Agency agreed that "Management agrees that private matters/conversations involving Counselee will remain confidential."
On April 26, 2018, Complainant initiated EEO counseling alleging that in the mediation the Agency took advantage of her being in an emotional frenzy, and she was misled into believing the EEO process would continue.
In its May 25, 2018 letter FAD which closes the above case number which Complainant now appeals, the Agency found that the settlement agreement was binding, and Complainant waived the right to further appeal on the subjects in her pre-complaint. The instant appeal followed.
Complainant reiterates that the Agency took advantage of her emotional state during mediation, and adds she had not started her medication for depression. She also suggests that she got nothing in return for the settlement agreement because a postal worker's private matters/conversations should remain confidential regardless.
ANALYSIS AND FINDINGS
The Agency processed Complainant's contentions following the settlement agreement as a claim of dissatisfaction with the EEO process. We find that Complainant was actually arguing that the settlement agreement should be set aside.
Generally, the adequacy or fairness of the consideration in a settlement agreement is not at issue, so long as some legal detriment is incurred as part of the bargain. However, when one of the contracting parties incurs no legal detriment, the provisions of the agreement will be set aside for lack of consideration. MacNair v. United States Postal Service, EEOC Appeal No. 01964653 (July 1, 1997).
Here, the Agency promised to keep private matters/conversations involving Complainant confidential, and did not promise any other action. The Agency incurred no legal detriment, and Complainant received no consideration. Accordingly, the settlement agreement is void and will not be enforced.3 The May 25, 2018, letter FAD is REVERSED.
ORDER
The Agency is ordered to resume pre-complaint processing on Complainant's EEO case from the point processing ceased. It shall notify Complainant in writing of this within 15 calendar days of the date of this decision.
As provided in the statement entitled "Implementation of the Commission's Decision," the Agency must send to the Compliance Officer a copy of the above notification.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0618)
Under 29 C.F.R. � 1614.405(c) and � 1614.502, compliance with the Commission's corrective action is mandatory. Within seven (7) calendar days of the completion of each ordered corrective action, the Agency shall submit via the Federal Sector EEO Portal (FedSEP) supporting documents in the digital format required by the Commission, referencing the compliance docket number under which compliance was being monitored. Once all compliance is complete, the Agency shall submit via FedSEP a final compliance report in the digital format required by the Commission. See 29 C.F.R. � 1614.403(g). The Agency's final report must contain supporting documentation when previously not uploaded, and the Agency must send a copy of all submissions to the Complainant and his/her representative.
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.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
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. A party shall have twenty (20) calendar days of receipt of another party's timely request for reconsideration in 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). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. Complainant's request may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. 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 agency's request must be submitted in digital format via the EEOC's Federal Sector EEO Portal (FedSEP). See 29 C.F.R. � 1614.403(g). 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 (R0610)
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 (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 27, 2018
__________________
Date
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.
2 The FAD was styled as letter to Complainant addressing her claim of dissatisfaction with the processing of her EEO case, and contained no appeal rights. Since the Agency closed the complaint in the letter, we construe it to be a FAD.
3 Because we have determined that the settlement agreement is void, we need not address Complainant's argument that the settlement agreement should be set aside because she signed the settlement agreement under duress or there was not meeting of the minds because she was emotionally impaired, and she was misled.
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