0120151472
08-20-2015
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
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Southeast Area),
Agency.
Appeal No. 0120151472
Agency No. 4G700007214
DECISION
Complainant filed a timely appeal with this Commission from a final decision (FAD) by the Agency dated February 20, 2015, 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
At the time of events giving rise to this complaint, Complainant worked as a Lead Clerk at the Agency's Post Office in Jennings, Louisiana.
Believing that the Agency subjected her to unlawful discrimination, Complainant contacted an Agency EEO Counselor to initiate the EEO complaint process. On October 6, 2014, Complainant and the Agency entered into a settlement agreement to resolve the matter. The settlement agreement provided, in pertinent part, that:
(1) Agree to work 6 hours a day under current medical restrictions
(2) Agree to pay $75.00 for the Saturdays worked in the month of July 2014
(3) No retaliation from management
(4) Provide an adjustable stool at the window section
(5) Agree to remove the portion of "out of schedule" reimbursement from the active grievances pertaining to the days of the month of July.
By letter to the Agency dated November 5, 2014, Complainant alleged that the Agency was in breach of the settlement agreement, and requested that the Agency reinstate her complaint. Specifically, Complainant alleged that the Agency worked her outside of her restrictions in violation of term 1.
In its February 20, 2015 FAD, the Agency concluded it was not in breach of the agreement. The Agency stated that terms 1 and 3 were void for lack of consideration, and that Complainant failed to prove that she was not paid the $75.00, or that the Agency had not provided her with an adjustable stool. The Agency stated that Complainant's claims regarding reasonable accommodation would be processed as a new complaint.
The instant appeal followed. In her appeal, Complainant states she was not paid the $75.00 and that she did not receive the stool for two months.
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, despite the Agency's position to the contrary, provision 1 is not void for lack of consideration. Complainant wanted her current medical restrictions and 6 hours of work to be honored. The Agency agreed to it. While Complainant is legally entitled to reasonable accommodation, she is not necessarily entitled to the accommodation of her choice if another effective accommodation is available. Therefore, she did receive consideration from the Agency with regard to this provision and the burden is on the Agency to prove that they complied with the agreement. Complainant also stated that she had not received a check for $75.00 as of February 2015. As such, we find the Agency has breached the agreement.
Complainant is entitled to either specific performance of the terms of the agreement from this point forward, or reinstatement of her settled complaint.1 Should Complainant choose to have her complaint reinstated for further processing, then the parties would be returned to the status quo at the time that the parties entered into the settlement agreement, which would require that Complainant return any benefits received pursuant to the settlement agreement. See, e.g., Armour v. Dep't of Def., EEOC Appeal No. 01965593 (June 24, 1997); Komiskey v. Dep't of the Army, EEOC Appeal No. 01955696 (September 5, 1996). This means that if Complainant has since received the $75.00, she must return it.
Accordingly, we REVERSE the Agency's determination that it was in full compliance with the settlement agreement. We REMAND the matter back to the Agency for further processing in compliance with the following Order.
ORDER
Within thirty (30) calendar days of the date this decision becomes final, the Agency shall notify Complainant that she has fifteen (15) calendar days from the date of her receipt of the Agency's notice within which to notify the Agency either that she wishes to return to the status quo prior to the signing of the agreement and have her settled complaint reinstated for further processing or that she wishes to allow the terms of the agreement to stand. Complainant shall be notified that in order to return to the status quo, she must return any benefits received pursuant to the agreement.
If Complainant elects to return to the status quo and returns any monies or benefits owing to the Agency, as specified above, the Agency shall resume processing Complainant's complaint from the point processing ceased pursuant to 29 C.F.R. � 1614.108 et seq. If Complainant elects not to return to resume the processing of her settled complaint, the Agency shall notify Complainant that the terms of the settlement agreement shall stand and ensure that Complainant's management is immediately informed that it must comply with all of the provisions.
A copy of the Agency's notice to Complainant regarding her options, including the determination of consideration due or owing, as well as a copy of either the correspondence reinstating the complaint for processing or the correspondence notifying Complainant that the terms of the agreement will stand, must be sent to the Compliance Officer, as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0610)
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 77960, Washington, DC 20013. 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.
ATTORNEY'S FEES (H0610)
If Complainant has been represented by an attorney (as defined by 29 C.F.R. � 1614.501(e)(1)(iii)), she is entitled to an award of reasonable attorney's fees incurred in the processing of the complaint. 29 C.F.R. � 1614.501(e). The award of attorney's fees shall be paid by the Agency. The attorney shall submit a verified statement of fees to the Agency -- not to the Equal Employment Opportunity Commission, Office of Federal Operations -- within thirty (30) calendar days of this decision becoming final. The Agency shall then process the claim for attorney's fees in accordance with 29 C.F.R. � 1614.501.
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), 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 (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 Complainants 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
August 20, 2015
__________________
Date
1 Either way, Complainant is also still entitled to have her claim of failure to accommodate by requiring her to work outside her medical restrictions (that occurred after the execution of the settlement agreement) to be processed as a new complaint.
---------------
------------------------------------------------------------
---------------
------------------------------------------------------------
2
0120151472
2
0120151472