Title Vii Settlement Agreement

The Supreme Court is entitled to announce in the Chandler/. Roudebush, 425 U.S. 840 (1976), that federal employees have the same rights as private sector employees under labor discrimination laws, thus recognizing the right of federal public servants to enter into voluntary agreements with federal authorities. As a result, Section 717 of Title VII of the Civil Rights Act of 1964 authorizes agencies to interfere in the settlement of such claims when the EEO`s disputes are resolved. The same analysis applies to litigation in Sections 501 or 505 of the Rehabilitation Act 1973, Section 15 of the Age Discrimination in Employment Act of 1967 and the Equal Pay Act. See Matter of Albert D. Parker, 64 Comp. 349 (1985). The independent authority of Title VII to regulate the rights of the EEO is significant, since section 717 of Title VII, unlike the Back Pay Act, does not limit additional payments to situations in which unjustified or unjustified staffing has been found.

Therefore, there is no impeding to the granting of repayment in a non-discriminatory transaction. In at least two cases, the Comptroller General reviewed the settlement of EEO-related disputes, which consist of cash payments not related to personnel actions, and found it authorized and appropriate: [5] The Commission has the power to award compensatory damages during the administrative proceedings. Gibson v. West, 527 U.S. 212 (1999). Agencies are therefore entitled to pay damages in connection with a transaction during the administrative process. Compensatory damages must be calculated separately from the payment of salary, other benefits and fees and are not limited to more than $300,000. Settlement of EEO disputes may include monetary policy payments independent of staff policies, provided that the cash payment does not exceed the amount of the additional payment, legal fees[4] or fees[5] to which the worker would have been entitled if discrimination had been found. When assessing the risk of litigation against the cost of liquidation, agencies should include the costs of a federal pension in their counterparty if a pension is due immediately.

This reflects the actual cost to the government of the proposed comparison and should be taken into account in determining whether the plan is in the government`s best interest. This calculation may prompt an agency to explore other options, such as buying a private pension.B. The acquisition of a private pension may not be desirable in all cases, but it may be considered an alternative. Below are some examples that reflect this calculation: to give a neutral reference to the complainant, that is, the Agency will confirm his work dates, his last professional title, his resignation for personal reasons and his annual salary at the end. Within 15 days of the date of this agreement, the Agency will send the complainant a letter of reference on her letterhead. The facilitation granted by a settlement agency to an EEO dispute cannot be greater than the facilitation that a court could order if that particular litigation were to be tried. Suppose, for example, that a member of the GS-9 files a complaint about the EEO that argues discrimination in the event of a refusal to promote at the GS-11 level.