Gianfranco Caprio, Complainant,v.Norman Y. Mineta, Secretary, Department of Transportation, Federal Aviation Administration, Agency.

Equal Employment Opportunity CommissionJun 16, 2004
01A42576 (E.E.O.C. Jun. 16, 2004)

01A42576

06-16-2004

Gianfranco Caprio, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Federal Aviation Administration, Agency.


Gianfranco Caprio v. Department of Transportation

01A42576

06-16-04

.

Gianfranco Caprio,

Complainant,

v.

Norman Y. Mineta,

Secretary,

Department of Transportation,

Federal Aviation Administration,

Agency.

Appeal No. 01A42576

Agency No. 1-01-1031 & 1-02-1041

Hearing No. 160-A2-8054X

DECISION

Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's

appeal from the agency's final order in the above-entitled matter.

Complainant filed two complaints in which he claimed that the agency

subjected him to ongoing harassment in violation of the Rehabilitation

Act.<1> In Complaint No. 1-01-1031, complainant claimed that, beginning

in January 1999 and continuing thereafter, the agency subjected him to

harassment because of his disability(residual effects of knee injury)

when:

Management failed to assist complainant with his OWCP claim;

On unspecified dates, complainant was LWOP rather than sick leave;

On September 1, 2000, complainant's certification to operate certain

machinery was revoked;

On an unspecified date, complainant's manager refused to accept

complainant's collect call;

On an unspecified date, management denied complainant's request to attend

a meeting;

On unspecified dates, management engaged in rude, demeaning, insulting,

embarrassing and disrespectful conduct by shouting at complainant in a

high traffic area;

On unspecified dates, complainant was required to undergo competency

training without on-the-job training;

On an unspecified date, management interfered with the processing of

complainant's ID renewal;

Management disapproved a request for in-lieu-of holiday leave for February

21, 2002;

On an unspecified date in February 2002, management intentionally

rescheduled his appointment with the Port Authority; and

On unspecified dates, management provided complainant with misinformation

regarding the processing of his ID renewal.

In Complaint No. 1-02-1041, complainant claimed that the agency subjected

him to harassment because of his disability(residual effects of knee

injury) and previous EEO complaint when:

On March 28, 2002, complainant's request to speak to an EEO counselor

was denied;

On unspecified dates, complainant was given inadequate on-the-job training

in preparation for an ASR-9 examination;

On an unspecified date, complainant was placed on an �Opportunity to

Demonstrate Performance� (ODP) plan; and

Upon complainant's return from seven weeks training in Oklahoma City,

complainant was scheduled for additional training by his supervisor.

After a review of the record in its entirety, including consideration

of all statements submitted on appeal, it is the decision of the Equal

Employment Opportunity Commission to affirm the agency's final order,

because the Administrative Judge's issuance of a decision without a

hearing was appropriate and a preponderance of the record evidence does

not establish that discrimination occurred.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0701)

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 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 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).

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)

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, Director

Office of Federal Operations

______06-16-04____________

Date

1For purposes of analysis, the Commission assumes that complainant is

an individual with a disability under the Rehabilitation Act of 1973,

as amended, 29 U.S.C. � 791.