In Blank v. Donovan, 780 F.2d 808 (9th Cir. 1986), a federal employee mediated a retaliatory discrimination settlement agreement that stated he would receive equal treatment with other Department employees. Blank, 780 F.2d at 809. Passed over for promotion four years later, the employee filed a breach of contract suit. Id. Because the agreement stemmed from a negotiated settlement of an employee discrimination complaint and an Equal Employment Opportunity Commission (EEOC) complaint had not been filed as to the present complaint, the court held the employee could not bypass the Title VII requirements by proceeding directly to the district court on a breach of contract theory. Id. at 809-10.