EEOC Appeal 2020001444

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Denisse Y.,1
Complainant,
v.
Louis DeJoy,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.
Appeal No. 2020001444
Hearing No. 443-2020-00033X
Agency No. 4J-530-0117-17
DISMISSAL OF APPEAL
Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC
or Commission) from the December 17, 2019, decision from an Administrative Judge dismissing
a formal complaint concerning an employment discrimination in violation of in violation of
Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791
et seq.2
BACKGROUND
During the period at issue, Complainant worked as a Career Clerk at the Agency’s West Allis
Post Office in Milwaukee, Wisconsin.
On July 26, 2017, Complainant engaged in pre-complaint counseling and filed an informal EEO
complaint (identified as Agency Case No. 4J-530-0117-17) regarding an October 25, 2016
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 record does not indicate that the Agency issued a final order indicating that it would fully
implement the AJ’s decision. Pursuant to EEOC Regulation 29 C.F.R. § 1614.109(i), the AJ’s
decision is the final Agency action

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Notice of Removal, effective November 25, 2016. 	Complainant did not indicate a basis of
alleged discrimination in box B on the PS Form 2564-A. 	However, in a statement attached to
her form, Complainant indicated that she had a prolonged absence from work and was later
hospitalized for pneumonia, at approximately the period when the Agency issued the Notice of
Removal. 	Therefore, a fair reading of the Pre-Counseling report indicates that Complainant
raised disability as the discriminatory basis for her termination.
There is no indication in the record that Complainant filed a formal complaint. 	However, on
October 12, 2017, Complainant entered into a settlement agreement with the Agency in the
matter of Agency Case No. 4J-530-0117-17. The terms of the settlement agreement stated the
following:
The Postal Service agrees to allow [Complainant] to resign in lieu of termination,
retroactive to the effective date of her termination, or November 25, 2016.
[Complainant] has signed the attached resignation form to effectuate this change.
The Postal Service will submit the paperwork necessary to accomplish this
change by HRSSC within 7 business days.
The record reflects that Complainant completed the Agency’s resignation form on October 12,
2017, indicating that she resigned for health reasons. Additionally, a copy of Complainant’s SF-
50 reflects that Complainant resigned from the Agency for health reasons effective November
25, 2016.
Subsequently, the Agency was notified, on November 20, 2019, by the EEOC’s Milwaukee Area
Office Hearing Unit that Complainant had requested a hearing concerning the matter at issue.
However, the Agency filed a motion to dismiss Complainant’s hearing request, reasoning that
the matters regarding Complainant’s termination had been resolved through a settlement
agreement entered on October 12, 2017. 	Consequently, the EEOC Administrative Judge
dismissed Complainant’s appeal pursuant to the terms of the October 12, 2017 settlement
agreement.
The instant appeal followed.
ANALYSIS AND FINDINGS
Based on our review of the record, we find that Complainant’s complaint is not properly before
the Commission on appeal. 	The record indicates that Complainant signed an October 12, 2017
settlement agreement where the Agency agreed to allow her to resign from her position in lieu of
termination. 	The record further supports that the Agency complied with the terms of the
settlement 	agreement 	and 	Complainant’s 	resignation 	was 	effective 	November 	25, 	2016.
Accordingly, this matter has been resolved by the terms of the settlement agreement. Therefore,
we find that the instant complaint is not properly before the Commission.
Therefore, Complainant’s appeal in this matter is DISMISSED.

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STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
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. A party
shall have twenty (20) 	calendar days of 	receipt of 	another 	party’s timely request 	for
reconsideration in 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). 	All requests and arguments must be submitted to the
Director, 	Office 	of 	Federal 	Operations, 	Equal 	Employment 	Opportunity 	Commission.
Complainant’s request 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
agency’s request must be submitted in digital format via the EEOC’s Federal Sector EEO Portal
(FedSEP). See 29 C.F.R. § 1614.403(g). 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.

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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
September 14, 2020
Date