0520120218
06-13-2012
Steven E. Thayer, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Northeast Area), Agency.
Steven E. Thayer,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Northeast Area),
Agency.
Request No. 0520120218
Appeal No. 0120112991
Agency No. 1B126000811
DENIAL
Complainant timely requested reconsideration of the decision in Steven E. Thayer v. U.S. Postal Service, EEOC Appeal No. 0120112991 (Nov. 23, 2011). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision where the requesting party demonstrates 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. See 29 C.F.R. � 1614.405(b).
In the appellate decision, Complainant alleged that the Agency breached the terms of a settlement agreement entered into on December 3, 2010. In Thayer v. U.S. Postal Service, EEOC Appeal No. 0120112991, the Commission determined that the Agency breached the terms of the settlement agreement. As a result of Complainant's request, the Commission ordered the Agency to comply with the terms of the settlement agreement.
Complainant requests that the Commission reconsider a portion of that decision. Specifically, Complainant alleged that the appellate decision involved a clearly erroneous interpretation of material fact regarding the remedy awarded for the breach of settlement. Complainant argues that he should be entitled to compensatory damages as a result of the Agency's breach of settlement. After reviewing the previous decision and the entire record, the Commission finds that the request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it is the decision of the Commission to deny the request.
We note that where breach of a settlement agreement is found, the Commission may only "order [compliance with the terms of the agreement] or . . . may order that the complaint be reinstated for further processing from the point the processing ceased." 29 C.F.R. � 1614.504(c). Nothing in our regulations provides for compensatory damages when a Complainant successfully argues that the Agency breached the terms of a settlement agreement. Instead, compensatory damages are only available where a Complainant has been found to have been discriminated against. 29 C.F.R. � 1614.501(c)(1).
Accordingly, we find that Complainant failed to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law; or will have a substantial impact on the policies, practices, or operations of the Agency. The decision in EEOC Appeal No. 0120112991 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. The Agency, if it has not already done so, shall comply with the Order below.
ORDER
Within 30 calendar days, the Agency shall rescind both the September 23, 2010 letter of warning issued to Complainant and the November 15, 2010 letter of warning. The Agency shall provide Complainant with evidence that it has rescinded the issued discipline. In addition, the Agency shall send such evidence to the Compliance Officer referenced herein.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0610)
Compliance with the Commission's corrective action is mandatory. The Agency shall submit its compliance report within thirty (30) calendar days of the completion of all ordered corrective action. The report shall be submitted to the Compliance Officer, Office of Federal Operations, Equal Employment Opportunity Commission, P.O. Box 77960, Washington, DC 20013. The Agency's report must contain supporting documentation, and the Agency must send a copy of all submissions to the Complainant. If the Agency does not comply with the Commission's order, the Complainant may petition the Commission for enforcement of the order. 29 C.F.R. � 1614.503(a). The Complainant also has the right to file a civil action to enforce compliance with the Commission's order prior to or following an administrative petition for enforcement. See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g). Alternatively, the Complainant has the right to file a civil action on the underlying complaint in accordance with the paragraph below entitled "Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action for enforcement or a civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). If the Complainant files a civil action, the administrative processing of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R. � 1614.409.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0610)
This is a decision requiring the Agency to continue its administrative processing of your complaint. However, if you wish to file a civil action, you have the right to file such action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. In the alternative, you may file a civil action after one hundred and eighty (180) calendar days of the date you filed your complaint with the Agency, or filed your appeal with the Commission. 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. Filing a civil action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z0610)
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
___6/13/12_______________
Date
2
0520120218
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120218