This is a model settlement agreement from the U.S. Department of the Interior – Bureau of Reclamation JACKSON, Mississippi – Halliburton Energy Services, Inc., a Houston-based oil and gas exploration company, has agreed to pay $280,000 to settle a lawsuit for violating a mediation agreement filed by the U.S. Equal Employment Opportunity Commission (EEOC). the agency announced today. According to the EEOC`s lawsuit, Halliburton entered into a mediation agreement with the EEOC and a rejected plaintiff on February 4, 2014 to resolve a charge of disability discrimination brought by the EEOC against the company. Halliburton promised, among other things, to reinstate the candidate, subject to successful job selection. Although the applicant passed such a selection, Halliburton could not hire him for any position. The EEOC claimed that Halliburton`s actions constituted a violation of the settlement agreement. EEOC filed a lawsuit (EEOC v.
Halliburton Energy Service, Inc. and Boots & Coots, LLC, Civil Action No. 3:16-cv-00233-CWR-FKB) in the U.S. District Court for the Southern District of Mississippi, North Division. This agreement is subject to final review and approval by the relevant Air Force personnel. 7. The Parties agree that if the complainant considers that the Agency has not complied with the terms of this Agreement, the procedures set out in Section 1614.504 of the F.R..C. shall apply. The complainant shall inform the Director of the Agency`s OEE in writing of the alleged non-compliance within 30 days of becoming aware or ought to have known of a breach of this Agreement. The complainant may request that the terms of the settlement agreement be implemented in a concrete manner or, alternatively, that the complaint be reinstated for further processing from the date on which the processing ceases. The Agency shall decide on the matter and reply to the complainant in writing. If the Agency has not responded to the complainant in writing or if the complainant is not satisfied with the Agency`s attempt to resolve the issue, the complainant may file a complaint with the Commission to determine whether the Agency has complied with the terms of the settlement agreement or the final decision.
The complainant may file such a complaint 35 days after notifying the Agency of the allegations of non-compliance, but must file a complaint within 30 days of receiving the Agency`s decision. 8. The appellant knowingly and voluntarily waives all rights under the Age Discrimination in Employment Act 1967 (ADEA) with respect to the allegations of age discrimination set out in the complainant`s complaint. Federal law provides that the complainant has 21 days from receipt of the agreement to review and review the agreement before signing it. The complainant further understands that he or she may use as much of this 21-day period as he or she wishes before signing and delivering this Agreement. Federal law also provides that the complainant may revoke this agreement within seven (7) days of the complainant`s signature and delivery to the Agency. We are also required by federal law to advise the complainant to consult with a lawyer before signing this Agreement. Once the complainant has been informed of these rights, he waives these rights after consultation with his lawyer. [ADEA Clause] “When the EEOC enters into an agreement with an employer to resolve a matter, whether through litigation or an alternative dispute resolution procedure, the agency fully expects the employer to comply with the terms of the agreement,” said Marsha L. Rucker, regional counsel for the EEOC`s Birmingham District Office.
“This case should serve as an example that if an employer refuses to abide by the terms of a mediation agreement, the EEOC will not hesitate to seek the help of the courts to persuade the employer to comply with the regulations.” 3. This Agreement does not constitute and shall not be construed as an admission of responsibility or misconduct on the part of the Agency under [Title VII of the Civil Rights Act 1964 as amended (Title VII), of the Age Discrimination in Employment Act 1967 as amended (ADEA), of the Rehabilitation Act 1974 as amended. (Rehab Act)], with respect to the Appellant`s claims set out in the EEOC call number ___.