0120152008
08-11-2016
Pearline M.,1 Complainant, v. Eric K. Fanning, Secretary, Department of the Army, Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Pearline M.,1
Complainant,
v.
Eric K. Fanning,
Secretary,
Department of the Army,
Agency.
Appeal No. 0120152008
Hearing No. 420-2014-00068X
Agency No. ARREDSTON13MAY01562
DISMISSAL OF APPEAL
Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the May 21, 2015 final Agency action implementing an EEOC Administrative Judge's (AJ) decision finding no discrimination with regard to her complaint of unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
At the time of the events at issue, Complainant was employed by the Agency as an Attorney-Advisor, GS-14, in the Legal Office of the Army Aviation & Missile Command, Redstone Arsenal, Alabama. Complainant filed an EEO complaint alleging that she was subjected to discriminatory racial harassment because of her interracial marriage from July 2009 through November 25, 2013. Complainant supported this claim with 29 alleged incidents. Complainant also alleged that she was unlawfully retaliated against by the Agency when, on May 9, 2013, she was refused administrative time to work on an EEO complaint.
The Agency accepted the complaint and conducted an investigation. Complainant requested a hearing. Following a hearing, an EEOC AJ issued a decision on May 11, 2015, finding no discrimination or unlawful retaliation had been established. On May 21, 2015, the Agency adopted the AJ's findings. The instant appeal followed.
However, on August 3, 2016, while the appeal was pending, the Agency informed the Commission that the parties had entered into a global settlement agreement on March 23, 2016, and included a copy of the agreement. The agreement settled all claims pending before the Merit Systems Protection Board, as well as the EEOC. The agreement awarded Complainant monetary damages among other things. The agreement included language that Complainant agreed to refrain from pursuing administrative or judicial action on her complaints "and any other matters related to her employment with the Agency through the effective date of the agreement." Based on the language of the agreement, the Agency requested dismissal of Complainant's pending appeal.
In response, Complainant appears to protest application of the global settlement. Complainant asserts she was improperly advised regarding the settlement by her union representative. She further asserts that she later found out that the union representative was not a lawyer as she (Complainant) had been led to believe. In essence, Complainant seems to be requesting that the settlement agreement be set aside because she was misled as to its terms by her representative.
However, the record clearly establishes that Complainant herself is an attorney, who by her own admission has "practiced law for over 25 years." We also note that she practices contract law. As such, we find that Complainant, as an attorney, was well positioned to understand the terms of the agreement which she personally signed. As such, we see no reason to disturb the agreement.
Accordingly, Complainant's appeal is hereby DISMISSED as settled.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0416)
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), at Chap. 9 � VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. The requests may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. 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 (S0610)
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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
August 11, 2016
__________________
Date
1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website.
---------------
------------------------------------------------------------
---------------
------------------------------------------------------------
2
0120152008
2
0120152008