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machinery was revoked;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.