0520130313
08-13-2015
Complainant, v. Jacob J. Lew, Secretary, Department of the Treasury (Internal Revenue Service), Agency.
Complainant,
v.
Jacob J. Lew,
Secretary,
Department of the Treasury
(Internal Revenue Service),
Agency.
Request No. 0520130313
Appeal No. 0120121290
Hearing No. 560-2011-00125X
Agency No. IRS100810F
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested reconsideration of the decision in Complainant v. Department of the Treasury, EEOC Appeal No. 0120121290 (February 13, 2013). EEOC regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision where the requesting party demonstrates that: (1) the appellate decision involved a clearly erroneous interpretation of material fact or law; or (2) the appellate decision will have a substantial impact on the policies, practices, or operations of the agency. See 29 C.F.R. � 1614.405(c).
At the time of events giving rise to the underlying complaint, Complainant was seeking employment with the Agency. Complainant filed an EEO complaint alleging that the Agency discriminated against him on the bases of race (African American), sex (male) and reprisal when, on May 15, 2009, he was not selected for the position of Tax Examining Technician, GS-0592-05; and on January 14, 2010 he was not selected for the position of Tax Examiner, GS-0592-06.
Our prior appellate decision affirmed the Equal Employment Opportunity Commission Administrative Judge's decision by summary judgment in favor of the Agency, concluding Complainant failed to prove his discrimination claims.
In his request for reconsideration, Complainant expresses his disagreement with the previous decision and presents some of the same arguments he raised on appeal. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, � VII.A. Rather, a reconsideration request is an opportunity to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law, or will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here.
After reviewing the previous decision and the entire record, the Commission finds that the request fails to meet the criteria of 29 C.F.R. � 1614.405(c), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 0120121290 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0610)
This decision of the Commission is final, and there is no further right of administrative appeal from the Commission's decision. You have the right to file a civil action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. If you file a civil action, you must name as the defendant in the complaint the person who is the official Agency head or department head, identifying that person by his or her full name and official title. Failure to do so may result in the dismissal of your case in court. "Agency" or "department" means the national organization, and not the local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z0610)
If you decide to file a civil action, and if you do not have or cannot afford the services of an attorney, you may request from the Court that the Court appoint an attorney to represent you and that the Court also permit you to file the action without payment of fees, costs, or other security. See Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c). The grant or denial of the request is within the sole discretion of the Court. Filing a request for an attorney with the Court does not extend your time in which to file a civil action.
Both the request and the civil action must be filed within the time limits as stated in the paragraph above ("Right to File a Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
August 13, 2015
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision was received within five (5) calendar days after it was mailed. I certify that this decision was mailed to the following recipients on the date below:
Charles L. Burgett
POB 24826
Kansas City, MO 64131
Mariam G. Harvey, Director, EO Programs
Department of the Treasury
Office of Civil Rights and Diversity
1500 Pennsylvania Avenue NW
Attn: Met Square, Suite 445
Washington DC 20220
__________________
Date
______________________________
Compliance and Control Division
05 Case Code Sheet - INTERNAL CIRCULATION ONLY (Check All Applicable Codes)
TO: Initials Date Carlton M. Hadden, Director, Office of Federal Operations Robbie Dix III, Director, Appellate Review Program Request Number Appeal Number Agency Number Hearing Number 0520130313 0120121290 IRS100810F 560-2011-00125X The Attached Decision Is Recommended for Approval: Initial Date Reviewed Mary Jean Secoolish, Attorney ***Submission date DT*** Mary Jean Secoolish, Supervisor Catherine McNamara, Division Director Complainant(s): Charles L. Burgett Agency: TREAS (IRS) Decision: Statute(s) Alleged ***Statutes alleged MC*** Basis(es) Alleged ***Bases codes MC*** Issue(s) Alleged ***Issues codes MC*** (Where Discrimination Is Found Only): (A) Basis(es) For Finding: (B) Issues In Finding
Merits Decision - Must include finding by OFO re: discrimination or settlement breach on at least one claim. ? 4A - Merits decision
? 6Q - 01 decision was procedural
? 6R - 01 decision was merits
? 6E - RTR found discrimination
List basis code(s):__________________________
List issue code(s):__________________________
? Compensatory damages (C3) awarded?
? 6F - RTR found no discrimination
? 6S - RTR found settlement breach
? 6T - RTR found no settlement breach
? 6H - RTR affirmed 01 decision
? 6I - RTR reversed 01 decision
? 6J - RTR modified agency (aff'd in part, rev'd in part)
? 6U - Reconsider on own motion
? 4H - RTR affirmed FAD
? 4I - RTR reversed FAD
? 4J - RTR modified agency (NOTE: if aff'd in part and
rev"d in part, then 3L code required if at least one
issue is remanded)
? 3L - RTR remanded PART of agency's merits decision
(NOTE: If breach is basis, use of 3L also requires
4I code; ALSO, do not use with a 6E code) ? 3P - Adverse inference
? 4N - RTR affirmed AJ
? 4O - RTR reversed AJ
? 4P - RTR modified AJ
? 4T - AJ issued Summary Judgment decision
? 4U - RTR affirmed AJ Summary Judgment
? 4V - RTR reversed AJ Summary Judgment
? 3H - RTR denied attorney's fees
? 3I - RTR approved attorney's fees
? 3J - RTR modified attorney's fees
? 3T - Decision on comp. damages - DENIED
? 3U - Decision on comp. damages - APPROVED
? 3V - Decision on comp. damages - MODIFIED
? 3W - Remand to AJ for remedies
? 3Z - Remand to agency for remedies
? 5R - class complaint certified
? 5S - class complaint not certified (class requirements not met)
? 5T - class complaint not certified (procedural dismissal)
? 5U - class complaint certification remanded for additional discovery
? 4Q - Compliance required on 01
Procedural Decision - No finding on RTR re: discrimination or settlement breach. ? 3K - Procedural Decision
? 6Q - 01 decision was procedural
? 6R - 01 decision was merits
? 3M - RTR Reversed and Remanded
? 6H - RTR Affirmed 01 decision
? 6I - RTR Modified 01 decision
? 6J - RTR modified 01 decision (NOTE: if aff'd in part
and rev'd in part, then 3M code is also required) ? 6M - RTR vacated 01 decision (NOTE: 01 decision must
Be merits and ALL issues vacated)
? 6U - Reconsider on own motion
? 4H - RTR affirmed FAD
? 4J - RTR modified agency (NOTE: if aff'd in part and
rev'd in part, then 3L code required if at least one
issue is remanded)
? 4Q - Compliance required
RTR Denied - Require only 3K & 6Q or 6R (above) and 6D & 6N or 6P (below) for a total of 4 codes (and 4Q if applicable). ? 6D - RTR Denied
? 6N - Failure to meet RTR criteria ? 6P - Other procedural defect
? 4Q - Compliance required on 01
Other Closure Codes - Do NOT include 3K or 4A codes ? 3C - Duplicate Docket Number
? 3D - Withdrawal
? 3E - Complaint Settled
? 3G - Other Letter Closure ? 3R - Return to Agency for Consolidation
? 3S - Return to AJ for Consolidation
? 7N - Civil Action Filed
Revised - (06/16/05)
ARP Companion Case Checklist
Complainant Agency Appeal/Request/Petition No. Charles L. Burgett TREAS (IRS) 0520130313
OPEN CASES
Appeal No. IMS Status Related (Yes/No) Actions Taken
CLOSED CASES
Appeal No. IMS Status Related (Yes/No) Actions Taken
CLASS ACTION CASES
Appeal No. IMS Status Related (Yes/No) Actions Taken
Mary Jean Secoolish ***Submission date DT***
Attorney Date
2
0520130313
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520130313
4
0520130313