0120070195
06-12-2009
Olga G. Deleon, Complainant, v. Janet Napolitano, Secretary, Department of Homeland Security, Agency.
Olga G. Deleon,
Complainant,
v.
Janet Napolitano,
Secretary,
Department of Homeland Security,
Agency.
Appeal No. 0120070195
Hearing No. 451-2006-00041X
Agency No. ICE-05-C290
DISMISSAL
Complainant filed an appeal with this Commission with regard to her
claim that she was coerced to enter into the September 6, 2006 settlement
agreement between the parties.
The record reveals that the complaint filed by complainant1 was settled at
the hearing stage when the parties entered into a settlement agreement
before the EEOC Administrative Judge (AJ) which is reflected in the
hearing transcript. The settlement agreement provided in part that for
at least six months, complainant's work hours will be from Monday through
Friday from 7:00 a.m. to 3:30 p.m. Complainant was asked by the AJ at the
hearing whether she understood and agreed to the terms of the settlement.
Complainant, represented by an attorney at the time, responded that
she did. The AJ subsequently dismissed the complaint as settled.
On appeal, complainant contends that extreme pressure was placed on her
by the AJ as the AJ threatened to dismiss the complaint if she did not
accept a settlement offer with which she disagreed. Complainant states
that she was in a highly emotional and disturbed state at the time and
that she was denied due process. Complainant argues that the AJ did
not allow either party to cross examine witnesses and that the agency
was allowed to present additional evidence two days prior to and on the
day of the hearing despite her understanding that additional evidence
could not be presented so close to the hearing.
In response, the agency asserts that complainant received due process
and voluntarily agreed to settle her complaint. The agency notes that
complainant was represented by competent counsel at all times and was
granted an extended recess to consider her options. The agency further
notes that complainant clearly stated that she agreed to and understood
the terms of the settlement agreement.
EEOC Regulation 29 C.F.R. � 1614.504(a) provides that any settlement
agreement knowingly and voluntarily agreed to by the parties, reached
at any stage of the complaint process, shall be binding on both parties.
The Commission has held that a settlement agreement constitutes a contract
between the employee and the agency, to which ordinary rules of contract
construction apply. See Herrington v. Department of Defense, EEOC
Request No. 05960032 (December 9, 1996). If coercion, misrepresentation,
misinterpretation, or mistake occur during the formation of the contract,
assent to the agreement is impossible, and the Commission will find
the contract void. See Shimon v. Department of the Navy, EEOC Request
No. 05900744 (July 20, 1990).
Complainant has failed to show she was placed in duress or coerced
into entering the settlement agreement. Complainant explicitly stated
at the hearing that she understood and agreed to the terms of the
settlement agreement. Complainant provides no evidence that she was
incapacitated or mentally deficient at the time she entered into the
agreement. We note that at the time she entered into the agreement,
complainant was represented by counsel. We find that complainant acted
voluntarily and knowingly when she entered into the settlement agreement
at the hearing.
Therefore, the complaint was settled and this appeal is hereby DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1208)
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 77960,
Washington, DC 20013. 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 (S0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
June 12, 2009
__________________
Date
1 In the complaint, complainant alleged that she was discriminated
against on the bases of national origin, disability, and retaliation
(for "taking termination case to arbitration").
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0120070195
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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