01A30888_r
03-26-2003
Marie E. Bryant v. Department of the Treasury
01A30888
March 26, 2003
.
Marie E. Bryant,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A30888
Agency No. 00-2295
DECISION
On November 15, 2002, complainant filed an appeal with the Commission
alleging that the agency breached the terms of the November 16, 2001
settlement agreement, into which the parties entered. In her appeal,
complainant alleged that the agency breached the �no reprisal� clause
of the agreement. Specifically, complainant stated that she has been
subjected to harassment and discrimination based on race, age, and
reprisal. Some of the incidents cited by complainant include threats,
suspension, interference with leave, and inappropriate medical inquiries.
The record contains a copy of complainant's November 2, 2002 formal
complaint with the agency in which she alleges that she was subjected to
discrimination and harassment on the bases of race, age, and reprisal.
Complainant lists sixteen separate acts of discrimination, including
denial of leave, inappropriate medical inquiries, threats, and negative
evaluation. Complainant states that the discrimination has occurred
since the signing of the November 16, 2001 settlement agreement.
We note that complainant argues that the agency's actions identified above
breached a "no reprisal" clause in a settlement agreement executed between
her and the agency on November 16, 2001. The Commission has held that
an allegation of reprisal in violation of a settlement agreement's "no
reprisal" clause is to be processed as a separate complaint rather than
as a breach of a settlement agreement. Bindal v. Department of Veterans
Affairs, EEOC Request No. 05900225 (August 9, 1990). Additionally, 29
C.F.R. � 1614.504(c) provides that "[a]llegations that subsequent acts
of discrimination violate a settlement agreement shall be processed
as separate complaints . . ." The record reflects that complainant
has pursued this matter in the proper fashion by filing a complaint of
discrimination with the agency. Since complainant does not allege that
any other provisions of the November 16, 2001 agreement were breached,
we therefore find complainant failed to show that the agency breached
the settlement agreement.
Accordingly, the Commission finds that complainant has failed to show
that the agency breached the settlement agreement.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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 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 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 (S0900)
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
March 26, 2003
__________________
Date