05a00628
08-28-2000
Lawrence A. Wojdak, Complainant, v. Lawrence H. Summers, Secretary, Department of the Treasury, (Internal Revenue Service), Agency.
Lawrence A. Wojdak v. Department of the Treasury (Internal Revenue
Service)
05A00628
August 28, 2000
.
Lawrence A. Wojdak,
Complainant,
v.
Lawrence H. Summers,
Secretary,
Department of the Treasury,
(Internal Revenue Service),
Agency.
Request No. 05A00628
Appeal No. 01992124
Agency No. 94-2122R
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Lawrence
Wojdak v. Department of the Treasury (Internal Revenue Service), EEOC
Appeal No. 01992124 (March 8, 2000).<1> EEOC Regulations provide
that the Commission may, in its discretion, 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 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and
hereinafter referred to as 29 C.F.R. � 1614.405(b)).
In his request, complainant contends, among other matters: (1) that
no investigation was completed within 180 days, in violation of EEOC
Regulation 29 C.F.R. � 1614.108(e); (2) that the Commission made the
false allegation that a civil suit had been filed over the complaint
where none had; (3) that complainant was accused of refusing to
complete a taxpayer telephone inquiry but that the agency did not take
affidavits from witnesses which would have proved this charge false;
(4) that agency supervisors violated his right to privacy by harassing
and intimidating him; and (5) that he was wrongfully terminated in
retaliation for attempting to file an EEO complaint.
We note, however, the following facts which invalidate complainant's
contentions:
(1) the completed file of the original investigation was turned into the
agency on June 13, 1994, less than the 180 days required by regulation
after the EEO complaint was filed on January 29, 1994, not on January 29,
1993, as complainant states in his request;
(2) the Office of Federal Operations administratively closed
complainant's appeal pursuant to EEOC Regulation � 1614.409, in response
to complainant's letters of July 24 and September 9, 1998, which appeared
to indicate that he had filed a civil action in a U.S. District Court
over his complaint. As soon as complainant made it clear that he had not
filed such a suit, however, complainant's appeal was promptly redocketed
and a decision issued;
(3) complainant's supervisor averred that complainant refused to complete
a taxpayer telephone inquiry despite a direct order from her. Complainant
did not request a hearing at which he could have elicited supposedly
favorable testimony from witnesses that he did not refuse to complete
such an inquiry;
(4) record evidence does not reveal an agency pattern of harassment and
intimidation as claimed, and complainant offers no new evidence that
such was the case; and
(5) although the appeal decision found that complainant had established
a prima facie case of retaliation, nevertheless, it also found
ample evidence that complainant was terminated not because of his
participation in the EEO process, but because of his disruptive conduct
in the workplace, including the writing of �numerous insulting and
inflammatory letters� concerning agency officials, his refusal to follow
his supervisor's instructions, and his leaving the workplace without
proper notification.
After a review of the complainant's request for reconsideration, the
previous decision, and the entire record, the Commission therefore finds
that the request fails to meet the criteria of 29 C.F.R. � 1614.405(b),
and it is the decision of the Commission to deny the request.
The decision in EEOC Appeal No. 01992124 remains the Commission's
final decision. There is no further right of administrative appeal on
the decision of the Commission on this request for reconsideration.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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 ORDEPARTMENT
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 (Z1199)
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 that the Court appoint
an attorney to represent you and that the Court 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 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 28, 2000
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.