EEOC finds no breach by agency of settlement agreement with federal employee. Believing he had been subjected to discrimination, Complainant began the Equal Employment Opportunity (EEO) complaint process. Complainant and the Agency entered in to a settlement agreement to resolve the matter which provided Complainant will be reinstated to his position and put on Leave Without Pay (“LWOP”) and to place Complainant’s letter of resignation in his file as opposed to a different form in order to calculate his pension. Complainant sent a letter to the Agency alleging that the Agency was in breach of the settlement agreement. The Agency responded with a final decision saying that although they were technically in breach of the agreement, the delay in question did not cause any harm. Complainant appealed.

On appeal, the EEOC’s Office of Federal Operations (OFO) held that the Agency had provided documentation proving it had complied with the terms of the settlement agreement, including the provision of accepting a letter of resignation from Complainant. The OFO affirmed the Agency’s decision.

Deandre C. v. Equal Employment Opportunity Commission, EEOC Appeal No. 0120182681 (Dec. 27, 2019)

Attorney Kirk J. Angel represents federal employee throughout the United States in EEO matters.