01981953_r
10-18-1999
Letisia Gerasta, Appellant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Letisia Gerasta, )
Appellant, )
v. ) Appeal No. 01981953
) Agency No. 94-65888-027
Richard J. Danzig, )
Secretary, )
Department of the Navy, )
Agency. )
______________________________)
DECISION
On December 9, 1997, appellant filed an appeal with this Commission,
alleging discrimination in that her "rights were breached" in a mediation,
which culminated in a settlement agreement on October 2, 1996.
The record indicates that on September 16, 1996, an Administrative
Judge remanded appellant's complaint back to the agency for mediation.
On October 1, 1996, appellant was assigned an advocate to represent her
in the mediation. The mediation was then held on October 2, 1996, where
both the agency and appellant signed the resulting settlement agreement.
On October 18, 1996, appellant sent a letter to the agency alleging
coercion and breach regarding the October 2, 1996 mediation/settlement
agreement, along with a request for a hearing before an EEOC
Administrative Judge. Appellant alleged that she and her representative
were not provided necessary documents for the mediation, and that she
was intimidated by her manager into ultimately, signing the settlement
agreement. A response, dated October 29, 1996, was then received by
appellant on November 1, 1996, indicating that in light of appellant's
settlement agreement on October 2nd, appellant's hearing would not be
granted and her case would be closed.
Appellant asserts the following on appeal:
1) Appellant alleges that she and her representative were not provided
with the documents that the mediator and the manager used to address
the mediation.
2) Information in these documents stated that the Judge decided not to
hear Case #340-95-3640X, therefore, appellant was not allowed to discuss
this case. The agency failed to inform appellant of the Judge's decision.
3) Appellant's manager intimidated appellant and literally put appellant
against the wall, stating that appellant must agree to go back to work
now, without consulting her doctor whether or not appellant is capable
of returning to work.
4) Appellant's manager did not allow anytime for appellant to consult
with her doctor, whether or not appellant was capable of returning to
work before signing the agreement.
5) As a Filipino-American woman, appellant was humiliated, intimidated
and belittled by her manager addressing her by her last name. Her manager
addressed both her representative and the mediator by their first names.
Upon review, we find that the record does not contain a final agency
decision (FAD), addressing appellant's allegations of coercion and breach
regarding the October 2nd mediation/settlement agreement. Furthermore,
the record is lacking a legible copy of the settlement agreement at issue.
Consequently, this matter must be remanded to the agency to determine
if a valid, enforceable settlement agreement was properly executed on
October 2, 1996.
CONCLUSION
For the reasons stated above, the Commission REMANDS this matter to the
agency for further processing in accordance with the Order below.
ORDER
The agency is ORDERED to take the following actions:
1. The agency shall supplement the record with a legible copy of the
October 2nd agreement.
The agency shall also supplement the record with any other relevant
information to determine if a valid, enforceable settlement agreement
was properly executed on October 2, 1996.
The agency shall issue a FAD within forty-five (45) calendar days of
the date this decision becomes final. A copy of the FAD must be sent
to the Compliance Officer as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action.
The report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the appellant. If the agency does not comply with the Commission's
order, the appellant may petition the Commission for enforcement of
the order. 29 C.F.R. �1614.503(a). The appellant also has the right
to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. ��1614.408, 1614.409, and 1614.503(g). Alternatively,
the appellant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled "Right to File
A Civil Action." 29 C.F.R. ��1614.408 and 1614.409. A civil action for
enforcement or a civil action on the underlying complaint is subject to
the deadline stated in 42 U.S.C. �2000e-16(c) (Supp. V 1993). If the
appellant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. �1614.410.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (R0993)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court. It is the position of the Commission that 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. You should be aware, however, that courts in some
jurisdictions have interpreted the Civil Rights Act of 1991 in a manner
suggesting that a civil action must be filed WITHIN THIRTY (30) CALENDAR
DAYS from the date that you receive this decision. To ensure that your
civil action is considered timely, you are advised to file it WITHIN
THIRTY (30) CALENDAR DAYS from the date that you receive this decision
or to consult an attorney concerning the applicable time period in the
jurisdiction in which your action would be filed. In the alternative,
you may file a civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR
DAYS of the date you filed your complaint with the agency, or filed your
appeal with the Commission. 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.
Filing a civil action will terminate the administrative processing of
your complaint.
RIGHT TO REQUEST COUNSEL (Z1092)
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:
October 18, 1999
____________________________
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations