4
discrimination and restoration of priority consideration". In
two of the complaints petitioner alleged that the EEO office
discriminated against him as reprisal for his filing previous
complaints. In the remaining complaint, petitioner alleged that
in December 1988, Colonel Franco ordered him to attend a
Christmas party and that he did not receive administrative leave
because he did not attend. As corrective action in the complaint
petitioner requested that the policy be changed "to exclude
religion".
On November 12, 1992, petitioner and the Department of the
Army entered into a negotiated settlement agreement. The
settlement agreement states:
1. In the interest of promoting its Equal Employment
Opportunity Program and to avoid protracted litigation, the
Army and the Complainant agree to settle ALL matters
involved in any and all informal or formal EEO complaints
and Merit System Protection Board appeals in any stage
whatsoever, including but not limited to matters before the
Equal Employment Opportunity Commissioner and the Federal
courts, filed by the Complainant against the United States
Army Corps of Engineers, Chicago District and the North
Central Division and the complainant authorizes the
immediate dismissal of all such complaints or appeals
complaints without cost to the Army Corps of Engineers,
including dismissal at the Agency level, Equal Employment
Opportunity, or Federal court levels.
* * *
3. In consideration for the settlement of the above noted
EEO complaints the complainant agrees not to apply for any
position at either the Chicago District or the North Central
Division for the period of six (6) years from the date of
this Agreement.
4. By entering this agreement, the Army does not admit
that it has violated the Civil Rights Act of 1964, as
amended, or any other Federal or State statute or
regulation.
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