01a01186
08-22-2000
Larice Cooper, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Larice Cooper v. Department of the Navy
01A01186
August 22, 2000
.
Larice Cooper,
Complainant,
v.
Richard J. Danzig,
Secretary,
Department of the Navy,
Agency.
Appeal No. 01A01186
Agency No. 99-67004-026
DECISION
On November 22, 1999, complainant filed a timely appeal with this
Commission from an agency decision pertaining to his complaint of unlawful
employment discrimination in violation of Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C. � 2000e et seq.<1> In his complaint,
complainant alleged that he was subjected to discrimination on the bases
of race (Black), sex, (male), and in reprisal for prior EEO activity when
management violated a November 1994 settlement agreement by not fairly
rotating jobs, unfair assignment of overtime, and special treatment
towards employees that testified against him.
The agency dismissed complainant's breach claim as stating the same claim
as pending before, or already decided by, the agency. Specifically,
the agency determined that the issues raised in the instant complaint
had been heard and decided by an EEOC Administrative Judge (AJ) on March
1999, with the agency adopting the AJ's decision on April 7, 1999.
On appeal, complainant asserts that the agency has never complied with
the settlement and has �continued to treat [him] different from other
employees.� In particular, complainant asserts that the agency does not
rotate work assignments on an equal basis as called for in the agreement,
and that he is required to perform the less desirable work assignments
on a constant basis.
The record shows that the November 1994 settlement agreement between the
parties provided, in pertinent part, that the agency had an obligation to
ensure that �Workload and rotational responsibilities will be executed on
a fair and equitable basis.� The record also indicates that the March
18, 1999 AJ's decision adopted by the agency, specifically considered
complainant's claim that the agency breached the settlement agreement
by failing to rotate him fairly among job duties and workloads.
Upon review of the record, we find that complainant's claim of breach was
properly dismissed. While complainant asserts that the agency has never
complied with the settlement and has continued to treat him differently
from other employees, his appeal fails to address the agency's basis
for dismissal of his complaint. Although asserting he is given less
desirable work assignments on a �constant basis,� complainant has not
provided any evidence that his present claim that the agency failed to
rotate him fairly among job duties is different from the claim already
decided by the agency in its April 7, 1999 decision.
Accordingly, the agency's decision dismissing the breach claim is
AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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
19848, Washington, D.C. 20036. 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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).
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
August 22, 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.