0520120162
05-29-2012
Charles Martinsen, Complainant, v. Timothy F. Geithner, Secretary, Department of the Treasury (Internal Revenue Service), Agency.
Charles Martinsen,
Complainant,
v.
Timothy F. Geithner,
Secretary,
Department of the Treasury
(Internal Revenue Service),
Agency.
Request No. 0520120162
Appeal No. 0120113341
Agency No. IRS-11-0346-F
DENIAL
Complainant timely requested reconsideration of the decision in Charles Martinsen v. Dep't of the Treasury, EEOC Appeal No. 0120113341 (Nov. 29, 2011). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision where the requesting party demonstrates 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. See 29 C.F.R. � 1614.405(b).
Complainant alleged that the Agency discriminated against him when it denied his requests for a copy of his September 30, 2007 annual performance appraisal that had the handwritten signatures of the rating and reviewing officials. The Agency dismissed this claim on the grounds that (1) Complainant had raised this matter in previous cases; and (2) Complainant failed to state a claim. In the previous decision, the Commission affirmed the Agency's dismissal of the claim, finding that Complainant had stated the same claim that had already been decided by the Agency, and that Complainant failed to show how he was aggrieved by not obtaining a copy of his appraisal containing handwritten signatures, when he obtained his official appraisal in an alternate format.
In his request for reconsideration, Complainant argues that the previous decision clearly erred in dismissing this claim, arguing that it should be considered in the context of his larger, but separate, hostile work environment claim, in which he lost a cash award and sought medical treatment. He then attempts to argue the merits of his hostile work environment claim.
We remind Complainant that a "request for reconsideration is not a second appeal to the Commission." Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), 9-17 (November 9, 1999). A reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has done neither here. Because we find that Complainant failed to meet the criteria of 29 C.F.R. � 1614.405(b), we will deny the request.
After reviewing the previous decision and the entire record, the Commission finds that the request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 0120113341 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request.
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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
with the Court 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
_____5/29/12_____________
Date
2
0520120162
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120162