0120152908
11-01-2016
Rudolf D.,1 Complainant, v. Jeh Johnson, Secretary, Department of Homeland Security (Federal Emergency Management Agency), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Rudolf D.,1
Complainant,
v.
Jeh Johnson,
Secretary,
Department of Homeland Security
(Federal Emergency Management Agency),
Agency.
Appeal No. 0120152908
Hearing No. 461-2011-00147X
Agency No. HS-10-FEMA-00008
DISMISSAL OF APPEAL
After getting advice on August 12, 2013, by an Equal Employment Opportunity Commission Administrative Judge's (AJ) to raise with this office his contention that he entered into a settlement agreement under duress or fraudulent circumstances at the hearing stage on May 8, 2012, on or before September 4, 2013, Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission).
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a Public Assistance Program Specialist at the Agency's Federal Emergency Management Agency in New Orleans, Louisiana.
On May 8, 2012, Complainant entered into a settlement agreement with the Agency closing complaint HS-10-FEMA-0008 and resolving any other complaints, formal or informal, pending as of the date of the settlement agreement. At the time Complainant had a second formal complaint pending - HS-FEMA-21886-2012.
On November 11, 2011, Complainant filed a civil action (identified as Civil Action No. 2:12-cv-02735) in the United States District Court for the Eastern District of Louisiana.2
On July 23, 2013, the Court issued a decision dismissing with prejudice all claims of discrimination and/or retaliation based on events occurring prior to the settlement agreement of May 8, 2012.
On appeal, Complainant asks that his discrimination claims raised from August 24, 2010 through April 2012 be reinstated. He contends that he entered into the settlement agreement because of actions by his own attorney that were deceptive, manipulative, and put him under duress. Complainant asks that the settlement agreement be voided. He submits the July 23, 2013, Court decision, and other documents.
We find that the matters raised by Complainant have been dismissed with prejudice by the United States District Court for the Eastern District of Louisiana. Accordingly, these matters, including the validity of the settlement agreement, are closed by the doctrine of res judicata.
The appeal is dismissed.
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
November 1, 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 Some of the facts in this decision were gleaned after reviewing documents filed in connection with the civil action.
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