Lawrence A. Wojdak, Complainant,v.Lawrence H. Summers, Secretary, Department of the Treasury, (Internal Revenue Service), Agency.

Equal Employment Opportunity CommissionAug 28, 2000
05a00628 (E.E.O.C. Aug. 28, 2000)

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.