01986621_r
10-06-1999
MeShonne Smith, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
MeShonne Smith, )
Appellant, )
)
v. ) Appeal No. 01986621
) Agency No. 1F-901-0211-97
)
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
______________________________)
DECISION
Appellant timely appealed the agency's final decision not to reinstate
her complaint of unlawful employment discrimination that the parties
had settled. See 29 C.F.R. ��1614.504, .402(a); EEOC Order No. 960,
as amended.
The record indicates that appellant filed a formal complaint dated
June 5, 1997, alleging that on May 20, 1997, she was denied employment
with the agency because she failed to provide the requested medical
records relating to her 1990 workers' compensation claim concerning her
stress condition. Appellant indicated that she could not obtain her
medical records at issue because the Workers' Compensation Board and
the state disability office did not have a copy of her medical records,
and her doctor and attorney she had seen could not be located since
they discontinued or relocated their practice. Appellant stated that
although she submitted all the information that she had, an agency
Associate Area Medical Director asked for more information, thereby
denying her employment with the agency.
The record indicates that the agency investigated the complaint,
and on January 30, 1998, appellant requested a hearing before an EEOC
Administrative Judge (AJ). Prior to the appointment of an AJ, the parties
entered into a settlement agreement on April 29, 1998, which provided,
in pertinent part, that:
The agency would provide appellant with the proper procedure for obtaining
appropriate medical documentation relating to her stress condition,
taking into account that the original records are no longer available.
Appellant can, then, resubmit her application at the point at which the
agency ceased processing it.
On July 2, 1998, appellant alleged that the agency breached the
settlement agreement since she never received any guidance in obtaining
appropriate medical documentation from the agency which prevented her
from resubmitting her application for employment.
On August 25, 1998, the agency issued its decision finding no settlement
breach. The agency stated that management maintained that appellant
was provided with the procedures for obtaining appropriate medical
documentation relating to her stress condition by the Associate Area
Medical Director.
EEOC Regulation 29 C.F.R. �1614.504 provides that if the complainant
believes that the agency failed to comply with the terms of a settlement
agreement, the complainant should notify the Director of Equal Employment
Opportunity, in writing, of the alleged noncompliance with the settlement
agreement, within thirty (30) days of when the complainant knew or should
have known of the alleged noncompliance. The complainant may request that
the terms of the settlement agreement be specifically implemented or,
alternatively, that the complaint be reinstated for further processing
from the point processing ceased.
The agency shall resolve the matter and respond to the complainant,
in writing. If the agency has not responded to the complainant, in
writing, or if the complainant is not satisfied with the agency's attempt
to resolve the matter, the complainant may appeal to the Commission for
a determination as to whether the agency has complied with the terms of
the settlement agreement or final decision.
The Commission has held that settlement agreements are contracts between
the appellant and the agency and it is the intent of the parties as
expressed in the contract, and not some unexpressed intention, that
controls the contract's construction. Eggleston v. Department of Veterans
Affairs, EEOC Request No. 05900795 (August 23, 1990). In addition, the
Commission generally follows the rule that if a writing appears to be
plain and unambiguous on its face, its meaning must be determined from
the four corners of the instrument without resort to extrinsic evidence
of any nature. See Montgomery Elevator v. Building Engineering Services,
730 F.2d 377 (5th Cir. 1984). The Commission has followed this rule
when interpreting settlement agreements. The Commission's policy in
this regard is based on the premise that the face of the agreement best
reflects the understanding of the parties.
Upon review, we find that the agency failed to comply with the terms
of the settlement agreement at issue. The record indicates that by
letter dated May 28, 1998, appellant informed the Associate Area Medical
Director that she unsuccessfully tried to obtain the proper procedure
for obtaining her medical documentation pursuant to the settlement
agreement. In his letter dated June 4, 1998, the Medical Director
responded that appellant failed to provide any physician treatment notes
and/or medical summaries. In that letter, the Medical Director also
stated that appellant's file for employment at issue was closed due to
her failure to provide documentation, which was filed at the Workers'
Compensation Board. Upon review, we find that the Medical Director's
letter merely provided appellant with the reasons why appellant was not
hired in 1997, i.e., due to her failure to provide the requested medical
records, and it does not provide any information or identify any procedure
for obtaining appropriate medical documentation. There is no evidence
in the record that the agency provided any information, other than the
June 4, 1998 letter, concerning appellant's medical records after the
settlement agreement.
Accordingly, the agency's decision finding no breach of the settlement
agreement is REVERSED. The agency is Ordered, as stated below, to resume
the processing of appellant's complaint.
ORDER
The agency is ORDERED to resume the processing of appellant's complaint
in accordance with 29 C.F.R. �1614.109. Specifically, the agency, within
thirty (30) calendar days of the date this decision becomes final, shall
forward appellant's complaint to the EEOC Los Angeles District Office for
scheduling of a hearing, requesting assignment of an Administrative Judge.
Further, the agency, within thirty (30) calendar days of the date this
decision becomes final, shall acknowledge to appellant that it has
received the remanded complaint.
A copy of the agency's letter of acknowledgment to appellant and a copy
of the correspondence that transmits the complaint to the Administrative
Judge 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 6, 1999
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations