Robert M. Richter Complainant,v.Lawrence H. Summers Secretary Department of the Treasury Agency.

Equal Employment Opportunity CommissionJul 20, 2000
05a00364 (E.E.O.C. Jul. 20, 2000)

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).