Julius C,1 Complainant,v.Dr. Heather A. Wilson, Secretary, Department of the Air Force, Agency.Download PDFEqual Employment Opportunity CommissionOct 12, 20180520180474 (E.E.O.C. Oct. 12, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Julius C,1 Complainant, v. Dr. Heather A. Wilson, Secretary, Department of the Air Force, Agency. Request No. 0520180474 Appeal No. 0120181081 Agency No. 9V1M1800127 DECISION ON REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 0120181081 (April 24, 2018). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), 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). In his underlying complaint, Complainant alleged that the Agency subjected him to discrimination on the bases of race (African-American) and age when on September 28, 2017, he became aware that his privileges at the Gerrity Fitness Center had been suspended for one year due to unacceptable conduct. The Agency dismissed the complaint pursuant to 29 C.F.R. §1614.107(a)(1) for failure to state a claim. The Agency explained that on October 31, 2017, Complainant signed a settlement agreement related to another complaint, in which he agreed to waive, release, and discharge the Agency from “any claims, complaints, demands, causes of action, and damages arising out of any action or incident that occurred before the last date of the last signature on this agreement.” 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. 0520180474 2 The Agency noted that Complainant became aware of the alleged discriminatory incident on September 28, 2017, before the last signature on the agreement. Therefore, in accordance with the terms of the settlement agreement, the Agency concluded that Complainant failed to state a claim. On appeal, the Commission affirmed the Agency’s decision on the basis that the language of the settlement agreement estopped Complainant from filing any complaints related to events that occurred before the signing of the agreement. In his request for reconsideration, Complainant largely reiterates the same contentions that were previously made and fully considered on appeal. 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 Commission to deny the request. The decision in EEOC Appeal No. 0120181081 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. 0520180474 3 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 12, 2018 Date Copy with citationCopy as parenthetical citation