Letisia Gerasta, Appellant,v.Richard J. Danzig, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionOct 18, 1999
01981953_r (E.E.O.C. Oct. 18, 1999)

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