05a00364
07-20-2000
Robert M. Richter Complainant, v. Lawrence H. Summers Secretary Department of the Treasury Agency.
Robert M. Richter v. Department of the Treasury
05A00364
July 20, 2000
.
Robert M. Richter
Complainant,
v.
Lawrence H. Summers
Secretary
Department of the Treasury
Agency.
Request No. 05A00364
Appeal No. 01992879
Agency No. 99-2097
DECISION
Initially, the Commission notes that on February 25, 1999,
complainant previously filed an appeal, EEOC Appeal No. 01992879,
from the agency's decision dated February 10, 1999, dismissing claim
(2) in his complaint.<1> On November 9, 1999, the date when the EEOC's
revised regulations went into effect, the Commission sent a letter to the
parties asking about the status of the remaining claim in the complaint.
In response, complainant indicated that remaining claim (1) was pending
before the agency.<2> Based on this information, on December 8, 1999,
the Commission administratively closed the appeal and remanded claim (2)
for consolidation with claim (1), pursuant to the regulation set forth
at 64 Fed. Reg. 37,644, 37656 (to be codified as and hereinafter cited
as 29 C.F.R. � 1614.107(b)). Thereafter, by letter dated February 9,
2000, the agency informed the Commission that it issued a decision
dated October 14, 1999, dismissing claim (1).<3> Since the remainder
of complainant's complaint had been completely dismissed by the agency
prior to the December 8, 1999 remand of claim (2), the Commission will
now consider complainant's appeal of the dismissal of claim (2).
Upon review, the Commission finds that the agency's decision dismissing
claim (2) for failure to state a claim is proper, pursuant to the
regulation set forth at 64 Fed. Reg. 37,644, 37,656 (1999) (to be codified
and hereinafter referred to as 29 C.F.R. � 1614.107(a)(1)). In claim (2),
complainant alleged that he did not receive flowers, gifts, or cards,
etc. from the �Sunshine Fund� when he or his parents were hospitalized.
After a review of the record, the Commission finds that the alleged
incidents did not affect complainant's performance of his duties or any
conditions of his employment. See Diaz v. Department of the Air Force,
EEOC Request No. 05931049 (April 21, 1994); see also Unte Cheh v. Nuclear
Regulatory Commission, EEOC Request No. 05960034 (September 18, 1998)
(complainant's claims that his supervisor failed to inform him of birthday
celebrations of his coworkers and told him not to attend a luncheon
social gathering on that particular day failed to state a claim).
Accordingly, the agency's final decision dismissing complainant's
complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish 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.
Requests to reconsider, with supporting statement or brief, MUST BE FILED
WITH THE OFFICE OF FEDERAL OPERATIONS (OFO) WITHIN THIRTY (30) CALENDAR
DAYS of receipt of this decision or WITHIN TWENTY (20) CALENDAR DAYS OF
RECEIPT OF ANOTHER PARTY'S TIMELY REQUEST FOR RECONSIDERATION. See 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 29 C.F.R. � 1614.405); Equal Employment Opportunity Management
Directive for 29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999).
All requests and arguments must be submitted to the Director, Office of
Federal Operations, Equal Employment Opportunity Commission, P.O. Box
19848, Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. � 1614.604). The request or opposition must
also include proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
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, Acting Director
Office of Federal Operations
July 20, 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.
2The record indicates that the agency did not respond to the Commission's
November 9, 1999 letter until February 9, 2000.
3It is noted that complainant did not file an appeal of the agency's
dismissal of claim (1).