[Redacted], Aaron P., 1 Petitioner,v.Janet Yellen, Secretary, Department of the Treasury (Internal Revenue Service Office of Chief Counsel), Agency.

Equal Employment Opportunity Commission

Mar 23, 2021

Petition No. 2021000333 (E.E.O.C. Mar. 23, 2021)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Aaron P.,1 Petitioner, v. Janet Yellen, Secretary, Department of the Treasury (Internal Revenue Service Office of Chief Counsel), Agency. Petition No. 2021000333 MSPB No. DC-1221-20-0719-W-1 DENIAL OF CONSIDERATION On October 17, 2020, Petitioner filed a petition with the Equal Employment Opportunity Commission (EEOC or Commission) asking for review of an initial decision issued by the Merit Systems Protection Board (MSPB). For the following reasons, we DENY consideration of the petition. The record reflects that on July 3, 2020, Petitioner filed an individual right of action (IRA) with the MSPB contending that the Agency retaliated against him for engaging in prior protected EEO activity. On August 6, 2020, the assigned MSPB Administrative Judge issued an initial decision, which dismissed the IRA for lack of jurisdiction. The initial decision became final on September 10, 2020. Though Petitioner was given the right to file a petition for review with the full Board, it appears that he did not do so. EEOC Regulation 29 C.F.R. § 1614.303(c) provides, in pertinent part, that a petition must be filed with the Commission within 30 days of when the decision of a MSPB field office becomes final. Because the initial decision became final on September 10, 2020, Petitioner had until Monday, October 12, 2020, to file his petition with the Commission. However, Petitioner did not file his petition until October 17, 2020. Consequently, we DENY consideration of the petition. 1 This case has been randomly assigned a pseudonym which will replace Petitioner’s name when the decision is published to non-parties and the Commission’s website. 2021000333 2 PETITIONER’S RIGHT TO FILE A CIVIL ACTION (W0610) 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, based on the decision of the Merit Systems Protection Board, within thirty (30) calendar days of 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 March 23, 2021 Date