01a05177
03-28-2001
Darrold D. Wagner, Complainant, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.
Darrold D. Wagner v. Department of the Treasury (Internal Revenue
Service)
01A05177
March 28, 2001
.
Darrold D. Wagner,
Complainant,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A05177
Agency Nos. TD 98-4168, 99-4214
Hearing Nos. 370-99-X2275, 370-A0-X2140
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.
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 (M0900)
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
March 28, 2001
__________________
Date
FOR OFO MERIT CASES - INTERNAL CIRCULATION ONLY
INITIAL
DATE
TO: CARLTON M. HADDEN, Director, Office of Federal Operations
TO: HILDA RODRIGUEZ, Director, Appellate Review Programs
APPEAL NUMBER
01A05177
AGENCY NUMBER
TD 98-4168, 99-4214
REQUEST NUMBER
HEARING NUMBER
370-99-X2275, 370-A0-X2140
THE ATTACHED DECISION IS RECOMMENDED FOR APPROVAL:
TITLE
NAMES
INITIAL
DATE REVIEWED
(ATTORNEY):
Heidi Schandler
03-23-01
(SUPERVISOR):
Mary Jean Moore
(DIVISION DIRECTOR):
Marie Fitzgerald
COMPLAINANT(S):
Darrold D. Wagner
AGENCY:
Department of the Treasury (Internal Revenue Service)
DECISION:AffirmSTATUTE(S) ALLEGED:Title VIIBASIS(ES) ALLEGED:GM, NH,
ORISSUE(S) ALLEGED:P3WHERE DISCRIMINATION IS FOUND (ONLY):(A) BASIS(ES)
FOR FINDING:(B) ISSUES IN FINDING:
TYPIST/DATE/DISKETTE
HS0 / 03-23-01
SPELL CHECK
Yes
TEAM PROOFED
DATE
(CHECK ALL APPLICABLE CODES)
MERIT DECISION
MERIT DECISION (CONTINUED)
? 4A - MERITS DECISION
? 4B - OFO FOUND DISCRIMINATION
LIST BASIS CODES:__________________________________
LIST ISSUE CODES:__________________________________
? 4C - OFO FOUND NO DISCRIMINATION/MADE NO
DETERMINATION RE: DISCRIMINATION
? 4R - OFO FOUND SETTLEMENT BREACH
? 4S - OFO FOUND NO SETTLEMENT BREACH
? 4E - AGENCY FOUND DISCR./BREACH
? 4F - AGENCY FOUND NO DISCR./BREACH
? 4H - OFO AFFIRMED AGENCY
? 4I - OFO REVERSED AGENCY
? 4J - OFO MODIFIED AGENCY:
(NOTE): IF AFFIRMED IN PART AND REVERSED IN
PART, THEN (3L) CODE REQUIRED IF AT LEAST
ONE ISSUE IS REMANDED.
? 3P - ADVERSE INFERENCE
? 4K - AJ FOUND DISCRIMINATION
? 4L - AJ FOUND NO DISCRIMINATION
? 4M - AJ MADE NO FINDING
? 4N - OFO AFFIRMED AJ
? 4O - OFO REVERSED AJ
? 4P - OFO MODIFIED AJ
? 4T - AJ ISSUED SUMMARY JUDGMENT DECISION
? 4U - OFO AFFIRMED AJ SUMMARY JUDGMENT
? 4V - OFO REVERSED AJ SUMMARY JUDGMENT
? 3H - OFO DENIED ATTORNEY'S FEES
? 3I - OFO APPROVED ATTORNEY'S FEES
? 3J - OFO MODIFIED ATTORNEY'S FEES
? 3T - DECISION ON COMP. DAMAGES - DENIED
? 3U - DECISION ON COMP. DAMAGES - APPROVED
? 3V - DECISION ON COMP. DAMAGES - MODIFIED
? 4Q - COMPLIANCE REQUIRED
REVISED - (10/3/00)
Appellate Review Program Companion Case Checklist
COMPLAINANT
AGENCY
Appeal/Request/Petition No.
Darrold D. Wagner
Dept. of the Treasury(IRS)
01A05177
OPEN
CASES (#)
ORADS
STATUS
RELATED
(YES/NO)
ACTIONS
TAKEN
none
CLOSED
CASES (#)
ORADS
STATUS
RELATED
(YES/NO)
ACTIONS
TAKEN
01995695
2X
no
none
05A01178
2X
no
none
______________________ _______________
ATTORNEY DATE