[Redacted], Shanti N., 1 Complainant,v.Carlos Del Toro, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity Commission

Feb 28, 2023

Appeal No. 2022004700 (E.E.O.C. Feb. 28, 2023)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Shanti N.,1 Complainant, v. Carlos Del Toro, Secretary, Department of the Navy, Agency. Appeal No. 2022004700 Agency No. 226238300318 DISMISSAL OF APPEAL Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission) regarding breach of a settlement agreement executed in May 2022. See 29 C.F.R. § 1614.402; 29 C.F.R. § 1614.504(b); and 29 C.F.R. § 1614.405. During the period at issue, Complainant worked as a Utilityman at the Agency’s Military Sealift Command, Naval Station Norfolk in Norfolk, Virginia. On January 3, 2022, Complainant initiated the EEO complaint process alleging she had been subjected to discriminatory harassment based on her race and sex. Subsequently, the Agency and Complainant executed a settlement agreement to resolve the complaint, signed by Complainant on April 15, 2022, and by the Agency on May 20, 2022.2 Complainant was represented by her union during the settlement negotiations. Despite the execution of the settlement agreement, Complainant filed the instant appeal. On appeal, Complainant now requests that the underlying complaint be re-opened. Complainant argues that her case was not examined thoroughly and makes reference to a variety of matters, including the lack of information provided during the processing of the complaint, major details 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 The “no-sail” agreement essentially provided that the Agency would agree to not assign Complainant to sail on ships with the alleged responsible management officials for a one-year period in exchange for the withdrawal of her EEO complaint. 2022004700 2 not being addressed by the Agency, and Agency actions currently continuing, creating a “domino effect” of disciplinary actions. With regard to the settlement agreement itself, Complainant states that the Agency has “settled for the lowest remedy possible,” that the terms of the agreement were not provided to her until after the execution of the agreement, and that she was coerced into signing the agreement. EEOC Regulation 29 C.F.R. § 1614.504(a) provides that if a complainant is alleging the Agency has failed to comply with the terms of a settlement agreement, or that there are reasons such as coercion to set a settlement agreement aside, the complainant must contact the Agency’s EEO Director in writing asserting the alleged non-compliance and allow the Agency to attempt to resolve the matter and issue the complainant a written determination from which they may appeal to EEOC. Here, there is no evidence that Complainant in this case has complied with this procedure and, therefore, the Agency has not had an opportunity to issue a determination decision from which Complainant can appeal. We therefore dismiss the instant appeal as prematurely filed. See 29 C.F.R. §§ 1614.401 and .504(b). We also note that, on appeal, Complainant claims various incidents of harassment have continued after the execution of the subject settlement agreement (a continuing “domino effect” of various Agency actions). If Complainant wishes to pursue matters that occurred after the execution of the settlement agreement, she should seek EEO counseling from the Agency to file a new complaint on those issues. CONCLUSION Therefore, after a review of the record, including consideration of all statements on appeal, we DISMISS the instant appeal as prematurely filed. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0920) The Commission may, in its discretion, reconsider this appellate decision if Complainant or the Agency submits a written request that contains arguments or evidence that 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 for reconsideration must be filed with EEOC’s Office of Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision. If the party requesting reconsideration elects to file a statement or brief in support of the request, that statement or brief must be filed together with the request for reconsideration. 2022004700 3 A party shall have twenty (20) calendar days from receipt of another party’s request for reconsideration within which to submit a brief or statement in opposition. 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). Complainant should submit his or her request for reconsideration, and any statement or brief in support of his or her request, via the EEOC Public Portal, which can be found at https://publicportal.eeoc.gov/Portal/Login.aspx Alternatively, Complainant can submit his or her request and arguments to the Director, Office of Federal Operations, Equal Employment Opportunity Commission, via regular mail addressed to P.O. Box 77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, a complainant’s request to reconsider shall be deemed timely filed if OFO receives it by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604. An agency’s request for reconsideration must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either party’s request and/or statement or brief in opposition must also include proof of service on the other party, unless Complainant files his or her request via the EEOC Public Portal, in which case no proof of service is required. Failure to file within the 30-day time period will result in dismissal of the party’s request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted together with the 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. 2022004700 4 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 February 28, 2023 Date