The opinion of the court was delivered by: John D. Bates United States District Judge
Plaintiff Fazal Rahman, proceeding pro se, challenges an administrative class action settlement agreement resolving discrimination claims brought by a group of Asian/Pacific-American employees against the U.S. Department of Agriculture ("USDA") under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Rahman also alleges that he was not selected for two positions at USDA because of his race. Currently before the Court is  USDA's motion for partial summary judgment, as well as  Rahman's "Motion for A Fair Relief Under the Basu Class Settlement." For the reasons detailed below, the Court will grant USDA's motion and deny Rahman's motion.
Rahman, an American of Pakistani descent, is a former USDA employee. In 2001, after being turned down for two high-level positions at the agency, Rahman filed an Equal Employment Opportunity complaint. See Def.'s Jan. 22, 2009 Mem. [Docket Entry 44], Exhibit 1. In his complaint, Rahman alleged that he had been discriminated against on the basis of his race, national origin, age, and in reprisal for prior protected activity. See id.
Before the Equal Employment Opportunity Commission ("EEOC") considered the merits of his claims, however, it held Rahman's complaint in abeyance pending the resolution of a separate administrative class action then proceeding before the EEOC ("the Basu class action"). See id., Watts Decl. ¶ 3. The Basu class, as initially conditionally certified by the EEOC, consisted of "all Asian employees of the agency who were eligible for but have not received promotions and all Asian persons who have applied for positions with the agency but have not been selected." Id., Exhibit 10, at 5. The parties do not dispute that plaintiff falls within this definition.
The parties to the Basu class action entered into a Settlement Agreement in late 2003. See id., Exhibit 9 (Settlement Agreement). The agreement altered the conditionally-certified class definition to include only "[a]ll current Asian/Pacific Islander employees at the GS-7 level and above who were eligible for but have not received promotions and all Asian/Pacific Islander current employees who were eligible for and have applied for positions with the Department but have not been selected." Id., Exhibit 9, at 2 (emphases added).
Rahman filed an objection to the proposed settlement with the EEOC. He argued that it was unfair to narrow the class definition, and that the class agents were set to receive an unduly large portion of the settlement. See id., Exhibit 21. Rahman also asked to intervene on behalf of the class. See id., Exhibit 22. The EEOC administrative judge acknowledged Rahman's (and others') objections, but nevertheless granted final approval to the settlement agreement, finding it to be "fair, adequate, and reasonable to the Class as a whole." Id., Exhibit 20, at 2 n.1, 12.
Rahman appealed the settlement's approval to the EEOC's Office of Federal Operations ("OFO"). See id., Exhibit 24 (notice of appeal). OFO affirmed the settlement's approval. It concluded that the settlement agreement's plain language excluded Rahman from the Basu class, and "[b]ased on [this] finding that [he] is not a class member entitled to relief pursuant to the subject settlement agreement," declined to address Rahman's argument that the settlement was unfair to class members. Id., Exhibit 29, at 7.
Rahman filed a motion for reconsideration, id., Exhibit 30, as well as a request for OFO to prevent USDA from implementing the settlement agreement, id. Exhibit 32. OFO denied both motions. See id., Exhibit 35.
Rahman then sued USDA in federal district court, seeking an order enjoining implementation of the Basu settlement agreement, a declaration that the agreement is void, and an order requiring USDA to restore the original class definition and negotiate a fair agreement with a new set of class agents. See Compl. at 17-18. He also requested backpay for his individual Title VII claims, compensatory and punitive damages, and the "offer of a suitable position" of employment. See Compl. at 18.*fn2
This Court has twice denied motions to dismiss Rahman's challenge to the Basu settlement agreement. See Rahman v. Johanns, 575 F. Supp. 2d 132 (D.D.C. 2008) [Rahman II], Rahman v. Johanns, 501 F. Supp. 2d 8 (D.D.C. 2007) [Rahman I]. In its most recent opinion, the Court instructed the parties to submit memoranda addressing, among other things, whether the Court has jurisdiction to review the EEOC's decisions regarding the Basu settlement agreement. Rahman II, 575 F. Supp. 2d at 135. After reviewing these memoranda, the Court asked the parties to submit their views on whether, "assuming th[e] Court has jurisdiction to review the EEOC's determination that plaintiff is not a member of the Basu settlement class, the Court should nonetheless affirm that determination." See Oct. 12, 2009 Order [Docket Entry 49], at 1. The Court now has before it the parties' responses to that order, as well as motions filed by both parties -- including USDA's motion for partial summary judgment.
Summary judgment is appropriate when the pleadings and the evidence demonstrate that "there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). The party seeking summary judgment bears the initial responsibility of demonstrating the absence of a genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). The moving party may successfully support its motion by identifying those portions of "the pleadings, the discovery and disclosure materials on file, and ...