Corrina M.,1 Complainant,v.Eric K. Fanning, Secretary, Department of the Army, Agency.Download PDFEqual Employment Opportunity CommissionOct 5, 20160520160315 (E.E.O.C. Oct. 5, 2016) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Corrina M.,1 Complainant, v. Eric K. Fanning, Secretary, Department of the Army, Agency. Request No. 0520160315 Appeal No. 0120150598 Agency No. ARCEEUR10APR05488 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120150598 (March 22, 2016). 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(c). The record indicates that the parties entered into a settlement agreement resolving Complainant’s complaint on July 25, 2014. The settlement agreement provided, in pertinent part, that: 3. The [Agency] agrees to: a. Within 90 days of settlement, fully implement the Administrative Judge’s May 29, 2014 Order Entering Judgment as follows: 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. 0520160315 2 1. (a) The Agency shall offer Complainant the position of Senior Project Manager, GS-301 (or 801)-13 retroactive to April 25, 2010 or a substantially equivalent position in the Agency's Europe District. (b) The Agency shall provide Complainant the necessary administrative approvals for an extension of her overseas tour for three years for purposes of carrying out this assignment. 2. Complainant shall be appointed Acting Chief of her unit in the same manner as other Senior Project Managers have received this assignment. 3. The Agency shall calculate and pay Complainant back pay plus interest and other benefits due to Complainant pursuant to 29 C.F.R. § 1614.501 and 5 C.F.R. § 550.805. 4. The Agency shall expunge its records and remove the negative performance narrative and rating for the May 24, 2010 interim evaluation, remove the negative performance narrative in the overall FY 2010 rating with a conversion of that rating from Level 2 Excellence to Level I Excellence. 5. The Agency shall grant Complainant a performance award in line with the revised higher-level rating and pay her any monetary amounts associated with the award. 6. The Agency shall restore 360 hours of sick leave and provide tuition costs and temporary duty status associated with her attendance at the Construction Contracting Course 336. 7. The Agency shall pay Complainant the amount of $85,000.00 in non- pecuniary damages and pecuniary damages of $20,484.51. . . . . 9. The Agency will pay reasonable attorney’s fees of $134,285.50 plus costs of $5,610.19. On September 24, 2014, Complainant alleged that the Agency breached provisions 3.a.1, 3, 4, and 5 of the settlement agreement. On October 27, 2014, the Agency issued its decision finding no settlement breach. On appeal, the Commission affirmed the Agency’s decision finding that it had fully complied with the terms of the settlement agreement. Complainant has not filed any brief supporting her request. After reviewing 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(c), and it is the decision of the 0520160315 3 Commission to deny the request. The decision in EEOC Appeal No. 0120150598 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (P0610) This decision of the Commission is final, and there is no further right of administrative appeal from the Commission’s decision. 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. 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 October 5, 2016 Date Copy with citationCopy as parenthetical citation