01a00730
03-03-2000
Linda K. Lankton, Complainant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.
Linda K. Lankton, )
Complainant, )
)
v. ) Appeal No. 01A00730
) Agency No. 200N-0436-995578
Togo D. West, Jr., )
Secretary, )
Department of Veterans Affairs, )
Agency. )
)
DISMISSAL
The complainant filed the above-captioned appeal with this Commission
from a final agency decision, dated October 25, 1999.<1>
The decision accepted one claim for investigation and dismissed another
claim for stating the same claim that is pending before or has been
decided by the agency or the Commission. According to the decision,
the dismissed claim alleged that the agency discriminated against the
complainant in reprisal for her prior EEO activity on June 21, 1999, when
the complainant felt forced to sign a settlement agreement in order to be
transferred from Support Clerk Adjudication to Intake Clerk in the Network
Authorization and Network Payment Center. The decision also informed the
complainant that if she believed that the agency had failed to comply
with the terms of the settlement agreement, that she had entered into
an invalid agreement, or that any terms of the agreement were invalid,
she should notify the Regional EEO Officer within 30 days of the date
the complainant knew or should have known of the alleged noncompliance.
The amendments to 29 C.F.R. Part 1614, effective November 9, 1999,
eliminated the right to appeal the dismissal of a portion of a complaint
prior to the agency's final action or decision on the entire complaint.
See 64 Fed. Reg. 37,647. Therefore, the Commission DISMISSES this
appeal.
The Commission notes, however, that if the complainant believes that she
did not knowingly and voluntarily sign the July 1999 settlement agreement,
she should so notify the Regional EEO Officer in writing and request that
the settlement agreement be determined to be invalid and the underlying
complaint be reinstated from the point that processing ceased. If the
complainant does so within thirty (30) calendar days of the date the
complainant receives this decision, the agency should treat the date that
the complainant first raised this matter with the EEO counselor or the
EEO Office as the date that she notified the agency that her signature
on the agreement was not knowing and/or voluntary.<2> This is because
the EEO Office or the counselor should have informed the complainant
at the time she first raised the claim of the requirement of written
notification to the Regional EEO Officer.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1199)
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). 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).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S1199)
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:
March 3, 2000
______________
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant and the agency on:
DATE
Equal
Employment
Assistant1On
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.
2The complainant's second allegation, that the agency had upgraded the
position from which she was reassigned under the terms of the settlement
agreement, indicates that the complainant may not have known of a pending
upgrade at the time she signed the agreement.