Keri C.,1 Complainant,v.Eric Fanning, Acting Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

Mar 18, 2016

0520160025 (E.E.O.C. Mar. 18, 2016)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Keri C.,1
Complainant,

v.

Eric Fanning,
Acting Secretary,
Department of the Army,
Agency.

Request No. 0520160025

Appeal No. 0120151795

Agency No. ARUSAR12AUG03456

DECISION ON REQUEST FOR RECONSIDERATION

Complainant requested reconsideration of the decision in EEOC Appeal No. 0120151795
(September 22, 2015). 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).

By letter to the Agency dated February 4, 2015, Complainant alleged that the Agency was in
breach of a settlement agreement entered into by the parties on November 16, 2012. The
Agency’s March 24, 2015, final decision found no breach of the settlement agreement. The
Agency also acknowledged, however, that Complainant’s underlying discrimination complaint
included the basis of age and that the language of the settlement agreement failed to meet the
minimum requirement for a waiver of Complainant’s age discrimination claim as provided for
in the Older Workers’ Benefit Protection Act. The Agency, therefore, reinstated Complainant’s
age discrimination claim from the point at which processing ceased. In her brief on appeal,
Complainant reiterated arguments made to the Agency and also contended that the settlement
agreement violated Army regulations, contained insignificant consideration, and provided her
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.

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with illusory benefits. In our decision, the Commission did not concur with Complainant’s
arguments. We found that the Agency established substantial compliance with the terms of the
settlement agreement, that Complainant received valuable consideration from the Agency, and
that the Agency’s insistence on a global settlement provision did not translate into compulsion,
coercion, or involuntary agreement on the part of Complainant.

We also found, however, that the record did not contain evidence demonstrating that the
Agency had reinstated Complainant’s age discrimination claim from the point where processing
ceased and, therefore, we ordered the Agency to provide us with the necessary documentation.
We note that the Agency has subsequently provided the Commission with this documentation
in accordance with the Order in our decision on appeal and so we will not restate the Order.

In her request for reconsideration, Complainant largely reiterates her arguments made and fully
considered on appeal. Therefore, 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. 0120151795 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

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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

March 18, 2016
Date