05a00050
04-28-2000
Jacqueline A. Crable, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Jacqueline A. Crable v. United States Postal Service
05A00050
April 28, 2000
.
Jacqueline A. Crable,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A00050
Appeal No. 01985216
Agency No. 4C170001898
DECISION ON REQUEST FOR RECONSIDERATION
On October 13, 1999, Jacqueline A. Crable (complainant) timely initiated a
request to the Equal Employment Opportunity Commission (the Commission) to
reconsider the decision in Jacqueline A. Crable v. William J. Henderson,
Postmaster General, United States Postal Service, EEOC Appeal No. 01985216
(September 17, 1999).<1> EEOC Regulations provide that within a
reasonable period of time, the Commissioners may, in their discretion,
reconsider any previous Commission decision. 64 Fed. Reg. 37,644, 37,659
(1999)(to be codified at 29 C.F.R. � 1614.405(b)).
In the instant case, complainant filed a formal complaint on March 3,
1998, alleging discrimination on the basis of gender (female) with respect
to ten claims that complainant also asserted were part of a continuing
pattern of harassment by her Postmaster. In its final decision (FAD),
the agency dismissed seven of complainant's claims, and accepted three
of them.
On appeal, the previous decision affirmed the FAD, but instructed the
agency to consider the following of complainant's claims as background
evidence of complainant's overall claim of harassment: (1) on August 18,
1997, complainant became aware that the Postmaster forwarded a letter
to the Shamokin Job Center stating that she had refused eight hours
of work a day for five weeks; (3) on March 2, 1998, complainant became
aware that the Postmaster forwarded a letter to the Shamokin Job Center
stating that work was available at the Post Office; (4) on October 16,
1997, the Postmaster confronted complainant about her complaint cards,
(8) on March 23, 1998, the Postmaster had a discussion with a customer
about another customer, and told complainant about how the customer
walks to her mailbox with a shotgun and two dogs.
On December 30, 1999, the agency provided the Commission a copy of a
settlement agreement, dated November 12, 1998. An examination of the
settlement agreement indicates that, among other things, the entirety
of the instant matter was resolved. The Commission was not aware of
the existence of this settlement at the time the previous decision
was issued. There is no evidence in the record that complainant ever
claimed that this settlement was breached, nor is there any evidence
that this was not a valid settlement agreement. 64 Fed. Reg. 37,644,
37,660 (to be codified at 29 C.F.R. � 1614.504) states that "[a]ny
settlement agreement knowingly and voluntarily agreed to by the parties,
reached at any stage of the complaint process, shall be binding on both
parties." We find that the Commission did not have jurisdiction over
this matter when the previous decision was issued.<2> The agency is
no longer required to comply with the Commission's instruction in the
previous case to consider claims (1), (3), (4), and (8) as background
evidence. Accordingly, the Commission finds that all administrative
processing of this matter shall hereby be terminated.
STATEMENT OF RIGHTS
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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 (Z1199)
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 that the Court
appoint an attorney to represent you and that the Court 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 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
April 28, 2000
__________________
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
2See, e.g., Runge v. Department of the Army, EEOC Request No. 05950043
(November 9, 1995)(holding that the agency was not required to comply
with an Order set forth in an appellate decision because complainant
filed a civil action prior to the issuance of the appellate decision).