EEOC Appeal 2019005542

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Harold M.,1
Petitioner,
v.
Sonny Perdue,
Secretary,
Department of Agriculture,
Agency.
Petition No. 2019005542
Appeal No. 0120171791
Agency No. CRSD201600557
DECISION ON A PETITION FOR ENFORCEMENT
On August 29, 2019, the Equal Employment Opportunity Commission (EEOC or Commission)
docketed a petition for enforcement to examine the enforcement of an Order set forth in EEOC
Appeal No. 0120171791 (November 7, 2018). The Commission accepts this petition for
enforcement pursuant to 29 C.F.R. § 1614.503. Petitioner alleged that the Agency failed to
comply with the Commission’s Order.
BACKGROUND
At the time of events giving rise to this complaint, Petitioner worked as an Information
Technology Specialist, GS-2210-13 at the Agency’s Office of the Chief Information Officer
facility in Fort Collins, Colorado.
On June 8, 2016, Complainant filed his complaint alleging discrimination based on sex when on
March 1, 2016, management disapproved his request to extend his work-related travel by one
day but granted the same request to a similarly situated female colleague.
1 This case has been randomly assigned a pseudonym which will replace Petitioner’s name when
the decision is published to non-parties and the Commission’s website.

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At the conclusion of the investigation, Complainant requested a final agency decision without a
hearing. On March 21, 2017, the Agency issued its final decision finding no discrimination
regarding the complaint. On April 21, 2017, Complainant appealed the Agency’s final decision
to the Commission.
While Complainant’s appeal was pending before the Commission, on June 29, 2017, the parties
entered into a settlement agreement resolving the complaint. The settlement agreement
provided, in the pertinent part, that:
3. The Agency agrees to the following provisions:
a. The Agency agrees that [Complainant] is to be immediately and
permanently re-assigned to the position of Project Manager, GS-13, with a
duty station of 2150 Centre Ave., Fort Collins, Colorado, as a Direct
Report to the Director, Enterprise Network services, [Individual A]. This
re-assignment will be documented through the issuance of an SF 50. At a
minimum, this re-assignment will occur within the next pay period after
this agreement is signed. This re-assignment will be without prejudice and
is not a save pay status action.
b. The Agency agrees that [Complainant] will not now, nor in the future be
re-assigned, detailed, or matrixed to any organization that is in direct or
indirect supervision of [Individual B] or any of her current subordinates
who many be promoted in the future upon her retirement or leaving the
Agency to include [Individuals C, D, E, or F].
c. The Agency agrees that [Complainant] will receive his scheduled WIGI on
July 12, 2017.
9. The Agency agrees that in the event that the Aggrieved believes that the Agency
has failed to comply with the terms of this agreement, the procedures set forth at
29 C.F.R. § 1614.504 shall govern. The Aggrieved shall notify the Agency’s
EEO Director, in writing, of the alleged noncompliance within 30 days of when
the aggrieved knew or should have known of a breach of this agreement.
Both parties concede that neither of them notified the Commission of the June 29, 2017
settlement agreement at that time or during the pendency of the prior appeal.
Without having knowledge of the settlement agreement resolving the complaint, the Commission
issued its appellate decision on November 7, 2018. Therein, the Commission reversed the
Agency’s final decision finding no discrimination and remanded the complaint to the Agency.

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Specifically, the Commission Ordered the Agency: to conduct a supplemental investigation to
determine whether Complainant was entitled to compensatory damages; to issue a final agency
decision on compensatory damages and pay Complainant the compensatory damages
determined; to provide training to the responsible management officials; and to consider taking
disciplinary action against the responsible management officials.
On August 29, 2019, the Agency issued its final decision denying Complainant’s request for
compensatory damages. Therein, for the first time, the Agency admitted that neither of the
parties notified the Commission that they entered into the settlement agreement resolving the
complaint prior to the issuance of the Commission’s appellate decision. The Agency attached a
copy of the June 29, 2017 settlement agreement.
On October 4, 2019, Petitioner submitted the subject petition for enforcement. Petitioner argues
the Agency breached the June 29, 2017 settlement agreement. Specifically, Petitioner states that
the Agency failed to transfer him out of the supervision of [Individual B’s] group to [Individual
A] as a direct report under the terms of the settlement agreement. As a result, Petitioner states
that he was forced to apply and accept a detail to the Forest Service in July 2017.
ANALYSIS AND FINDINGS
EEOC Regulation 29 C.F.R. § 1614.503 provides that on behalf of the Commission, its Office of
Federal Operations shall take all necessary action to ascertain whether the agency is
implementing the decision of the Commission. The regulation further provides that failure to
implement the Commission’s orders will subject the agency to a variety of enforcement actions,
including the issuance of a notice to show cause to the head of the agency, a referral to the Office
of Special Counsel, and/or judicial enforcement.
In the instant case, the evidence indicates that Complainant appealed the Agency’s March 21,
2017 final decision finding he was not subjected to discrimination. While Complainant’s appeal
was pending, the parties resolved the complaint by entering into a settlement agreement. 29
C.F.R. § 1614.504. However, the Commission was not informed of the existence of the June 29,
2017 settlement agreement, and subsequently issued a decision reversing the Agency’s final
decision. Given the circumstances, we terminate enforcement of the Commission’s Order set
forth in Appeal No. 0120171791.2
CONCLUSION
Accordingly, the petition for enforcement is DENIED as the underlying complaint had been
settled prior to the Commission’s decision.
2 Regarding his breach claim, Complainant is advised to inform the Agency’s EEO Director, in
writing, of the alleged noncompliance of the settlement agreement and/or contact an EEO
Counselor regarding any subsequent allegations of discrimination.

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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
June 2, 2020
Date