01993898
12-07-2000
Mike Hegazy, Complainant, v. Daniel R. Glickman, Secretary, Department of Agriculture, Agency.
Mike Hegazy v. Department of Agriculture
01993898
December 7, 2000
.
Mike Hegazy,
Complainant,
v.
Daniel R. Glickman,
Secretary,
Department of Agriculture,
Agency.
Appeal No. 01993898
Agency No. CR980676
DECISION
By Notice of Appeal postmarked April 10,1999, complainant filed an
appeal with this Commission from the December 21, 1998 final agency
decision (FAD) dismissing his EEO complaint of unlawful employment
discrimination.<1> In his complaint, complainant alleged that he was
subjected to discrimination based on his religion (Muslim) and in reprisal
for his prior protected activity when he was treated differently than two
other EEO complainants, who had similar EEO cases that were informally
resolved, and the agency failed to implement its November 14, 1997 EEO
decision, which found in his favor.
In its final decision, the agency dismissed complainant's claims regarding
the informal resolution of two other EEO complainants' cases on the
grounds of failure to state a claim. With regard to complainant's
contention of noncompliance with a prior final decision, the agency
noted that such contentions are not properly pursued through new EEO
complaints and indicated that the issue was being properly processed in
accordance with 29 C.F.R. � 1614.504.
Upon review, we find that the agency's decision was proper. As a matter
of law, a settlement offer does not give rise to a viable allegation.
Such offers do not adversely affect a term, condition or privilege of
employment. Further, in the Commission's view, settlement negotiations,
including any statements and proposals made therein, are to be treated as
confidential and privileged in order to facilitate candid interchange
to settle disputes informally. To allow complainant to base a new
complaint on a settlement offer would defeat this purpose. Montague
v. Department of the Army, EEOC Request No. 05920321 (September 16,
1997), citing Olitsky v. Spencer Gifts, Inc., 843 F.2d 123, (5th Cir.),
cert. denied, 488 U.S. 925 (1988). Furthermore, we note that the agency
properly dismissed complainant's claim of noncompliance with a final
agency decision as a new complaint and properly initiated processing
of that claim in accordance with EEOC Regulation 29 C.F.R. � 1614.504.
Accordingly, the agency's final decision is hereby AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
December 7, 2000
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1On 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 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.