0120141436
07-11-2014
Complainant, v. Chuck Hagel, Secretary, Department of Defense (Department of Defense Education Activity), Agency.
Complainant,
v.
Chuck Hagel,
Secretary,
Department of Defense
(Department of Defense Education Activity),
Agency.
Appeal No. 0120141436
Agency No. EUFY13075
DECISION
Complainant filed a timely appeal with this Commission from a final decision (FAD) by the Agency dated January 22, 2014, finding that it was in compliance with the terms of the settlement agreement into which the parties entered. See 29 C.F.R. � 1614.402; 29 C.F.R. � 1614.504(b); and 29 C.F.R. � 1614.405.
BACKGROUND
Believing that the Agency subjected her to unlawful discrimination, Complainant contacted an Agency EEO Counselor to initiate the EEO complaint process. On July 23, 2013, Complainant and the Agency entered into a settlement agreement to resolve the matter. The settlement agreement provided, in pertinent part, that:
IIB. The Agency agreed to do the following:
(1) Waive the Complainant's transportation agreement.
(2) Fund the Complainant's PCS back to her Home of Record.
(3) Waive any repayment of LQA received during 2013 recess period.
(4) Provide a neutral employment reference upon inquiry to [named individual].
(5) Expunge the Complainant's Notice of Termination from all Agency files.
(6) Expunge the Complainant's Multidimensional Administrative Performance Appraisal (MAPA), dated June 2013.
The settlement agreement also contained paragraph IX, which laid out Complainant's rights under the Older Worker's Benefit Protection Act (OWBPA).
By letter to the Agency dated December 21, 2013, Complainant alleged that the Agency was in breach of the settlement agreement. Complainant stated that portions of the provisions of paragraph IIB were violated, and she asserted that paragraph IX was illegal.
In its January 22, 2014 FAD, the Agency concluded that it had not breached the agreement. The Agency asserted that it had complied with all the requirements of paragraph IIB and laid out in detail how it did so. In addition, the Agency stated that, with respect to OWBPA paragraph, although age was not a basis in the underlying complaint Complainant was not harmed by its inclusion.
The instant appeal followed. In her appeal, Complainant basically argues that she signed the agreement under duress because her husband was in the hospital at the time of the agreement.
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). The Commission has further held that it is the intent of the parties as expressed in the contract, not some unexpressed intention, that controls the contract's construction. Eggleston v. Dep't of Veterans Affairs, EEOC Request No. 05900795 (August 23, 1990). In ascertaining the intent of the parties with regard to the terms of a settlement agreement, the Commission has generally relied on the plain meaning rule. See Hyon O v. U.S. Postal Serv., EEOC Request No. 05910787 (December 2, 1991). This rule states that if the writing appears to be plain and unambiguous on its face, its meaning must be determined from the four corners of the instrument without resort to extrinsic evidence of any nature. See Montgomery Elevator Co. v. Building Eng'g Servs. Co., 730 F.2d 377 (5th Cir. 1984).
As an initial matter, we find that the agreement is valid and Complainant has not shown that she signed the agreement under duress. While Complainant may have been stressed because her husband was in the hospital, there is no indication that the Agency put pressure on her or tried to force her to sign the agreement. Additionally, we also find that the inclusion of the OWBPA paragraph did not invalidate the agreement - rather it appears Complainant was given additional rights to which she otherwise would not have been entitled.
Finally, we note that Complainant did not specifically state which provision of paragraph IIB was not complied with by the Agency. On the other hand, the Agency provided documentation showing that it had complied with the provisions and also provided affidavits attesting to such.
Accordingly we find that the Agency complied with the settlement agreement. The Agency's decision regarding the matter is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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 77960, Washington, DC 20013. 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 (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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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
July 11, 2014
__________________
Date
2
0120141436
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120141436