AJ upheld settlement agreement because both parties signed it
Subsequently, in a letter dated January 28, 2006, complainant informed the
agency that he was aggrieved by the physical accommodations and process
related to the hearing for the instant complaint and that such resulted in
an unacceptable settlement agreement. Specifically, complainant stated
that (1) he is diabetic and he was not allowed a lunch break during an
eight-hour period, (2) there were no private areas in which he could
communicate with his legal representative and no sitting area in which
he could rest while he awaited the AJ, (3) the restrooms were locked so
he had to consistently request a key and await assistance each time he
needed to use the restroom, (4) he was physically and mentally exhausted
by the time of the settlement discussions because he had to report for
the hearing by 9:00 a.m. and it did not commence until 4:00 p.m. and all
of the aforementioned events occurred. Summarily, complainant stated:
“I feel that I was forced under extreme duress into a less than acceptable
settlement and was not allowed to proceed to the hearing. I honestly
believe that the above discussion shows extenuating circumstances and
request that this hearing be rescheduled in comfortable facilities and
that another [AJ] be appointed to preside over this case in the interest
of justice.”
In an Order of Dismissal dated March 28, 2006, the AJ dismissed the
instant complaint as a settlement and closed the matter as of February
21, 2006.
