Charles Burgett, a/k/a Palmer P.,1 Complainant,v.Steven T. Mnuchin, Secretary, Department of the Treasury (Internal Revenue Service), Agency.

Equal Employment Opportunity Commission

Sep 20, 2019

2019004307 (E.E.O.C. Sep. 20, 2019)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Charles Burgett, a/k/a
Palmer P.,1
Complainant,

v.

Steven T. Mnuchin,
Secretary,
Department of the Treasury
(Internal Revenue Service),
Agency.

Request Nos. 2019004306 & 2019004307

Appeal Nos. 0120180127 & 0120180306

Hearing Nos. 560-2016-00005X & 560-2015-00081X

Agency Nos. IRS-15-1060-F & IRS-14-0083-F

DISMISSAL OF REQUESTS FOR RECONSIDERATION

Complainant timely filed requests for reconsideration of the Commission’s decisions in Appeal
Nos. 0120180127 (May 17, 2019) and 0120180306 (May 17. 2019). Both of the decisions found
that Complainant did not establish he was discriminated as alleged.

On July 9, 2019, Complainant filed a civil action (identified as Civil Action No. 4:18-cv-00309-
BCW) in the United States District Court for the Western District of Missouri. The record
further discloses that the claims raised therein are the same as those raised in the EEO complaints
that are the subject of the instant requests for reconsideration. The regulation found at 29 C.F.R.
§ 1614.409 provides that the filing of a civil action "shall terminate Commission processing of
the appeal." Commission regulations provide for the dismissal of an EEO complaint under these
circumstances to prevent a complainant from simultaneously pursuing both administrative and
judicial remedies on the same matters, wasting resources, and creating the potential for
inconsistent or conflicting decisions, and in order to grant due deference to the authority of the
federal district court. See Stromgren v. Dep’t of Veterans Affairs, EEOC Request No. 05891079

1 This case has been randomly assigned a pseudonym which will replace Complainant’s name
when the decision is published to non-parties and the Commission’s website.
2019004306 & 2019004307

2
(May 7, 1990); Sandy v. Dep’t of Justice, EEOC Appeal No. 01893513 (October 19, 1989);
Kotwitz v. U.S. Postal Serv., EEOC Request No. 05880114 (October 25, 1988).

Accordingly, Complainant’s requests for reconsideration are hereby DISMISSED.

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 (Z0815)

If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may
request permission from the court to proceed with the civil action without paying these fees or
costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may
request the court to appoint an attorney for you. You must submit the requests for waiver of
court costs or appointment of an attorney directly to the court, not the Commission. The
court has the sole discretion to grant or deny these types of requests. Such requests do not alter
the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to
File a Civil Action for the specific time limits).

FOR THE COMMISSION:

______________________________ Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations

September 20, 2019
Date