0120133054
09-18-2015
Complainant, v. Loretta E. Lynch, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Complainant,
v.
Loretta E. Lynch,
Attorney General,
Department of Justice
(Federal Bureau of Prisons),
Agency.
Appeal No. 0120133054
Agency Nos. BOP-2012-0404 & DJ 187-3-3334
DISMISSAL OF APPEAL
On August 12, 2013, Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from a final Agency decision (FAD) dated July 16, 2013, dismissing his complaint of 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.
At the time of events giving rise to this complaint, Complainant worked as a Correctional Senior Officer Specialist, GL-8, with the Agency's Federal Bureau of Prisons, Federal Medical Center - Devens in Ayer, Massachusetts.
On February 24, 2012, Complainant filed a formal complaint, which the Agency defined as alleging he was discriminated against based on his race (Black - Hispanic), national origin (Dominican Republic), and reprisal for prior protected equal employment opportunity (EEO) activity when:
1. On or about November 8, 2011, he was passed over for an award;
2. On December 14, 2011, he was charged with being absent without leave; and
3. On December 18, 2011, he was charged with failing to follow orders.
Following an EEO investigation, Complainant was provided with a copy of the report of investigation and given the right to request a hearing before an Equal Employment Opportunity Administrative Judge. Complainant requested the Agency make a decision without a hearing. Thereafter, it issued a FAD finding no discrimination, which Complainant appeals.
After Complainant filed her appeal, the Agency submitted to the EEOC a copy of a settlement agreement the parties entered on June 2, 2015, before the Merit Systems Protection Board (MSPB), which was signed by Complainant, his attorney, and the Agency. The settlement agreement was captioned with MSPB Docket No. PH-0752-15-0117-1-I. Therein, in exchange for consideration, Complainant agreed in part:
The Appellant agrees to withdraw and/or dismiss with prejudice any current action before any forum, judicial, administrative or other, including the Merit Systems Protection Board, Office of Special Counsel and Equal Employment Opportunity Commission whether related to the above-referenced appeal or not, prior to the date on which the parties execute this Agreement.
As of June 2, 2015, the instant appeal (012013305) was pending before the EEOC. We find that the settlement agreement encompassed this appeal. Accordingly, the appeal is dismissed. Browder v. United States Postal Service, EEOC Appeal No. 0120071299 (Feb. 14, 2008).
The appeal is DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0815)
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 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, 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 (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 Complainants Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M.'s signature
Carlton M. Hadden, Director
Office of Federal Operations
September 18, 2015
__________________
Date
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