01A11817_r
04-25-2001
James Jones, Jr., Complainant, v. Daniel S. Goldin, Administrator, National Aeronautics and Space Administration, Agency.
James Jones, Jr. v. National Aeronautics and Space Administration
01A11817
April 25, 2001
.
James Jones, Jr.,
Complainant,
v.
Daniel S. Goldin,
Administrator,
National Aeronautics and Space Administration,
Agency.
Appeal No. 01A11817
Agency No. NCN-01-DFRC-A028BD
DECISION
Upon review, the Commission finds that the agency's decision not to
reinstate complainant's complaint of unlawful employment discrimination
that the parties had settled is proper. See 29 C.F.R. � 1614.504.
The record indicates that on June 22, 2000, the parties entered into a
settlement agreement resolving complainant's complaint. The settlement
agreement provided that any inquiries regarding complainant's employment
at Dryden under the PMI Program whenever possible will be directed to
Person A in the Human Resources, Management, and Development Office.
The agreement stated that Person A's responses to inquiries will be
limited to releasing the dates of service and assignments. On October
5, 2000, complainant alleged that the agency breached the settlement
agreement and requested reinstatement of his complaint.
On appeal complainant argued that the settlement agreement should be
voided on the grounds that he lacked the requisite mental capacity to be
bound by the agreement. Specifically, complainant states that he suffered
from post-traumatic-stress-disorder and a diminished mental capacity at
the time that he signed the agreement. Alternatively, complainant claims
that the agency breached the agreement when Person B, the Human Resources
Director, disclosed negative information about his employment with the
agency to a possible future employer. After a review of the record, the
Commission finds that complainant has failed to show that the agreement
should be voided based on his lack of mental capacity. In addition,
the Commission finds that complainant has failed to show that the
agency released any information about complainant's previous employment
in violation of the agreement. The Commission finds that complainant
failed to show that the agency breached the settlement agreement.
Accordingly, the agency's 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
April 25, 2001
__________________
Date