0520100619
12-27-2010
Frank Angiulo, Complainant, v. Timothy F. Geithner, Secretary, Department of the Treasury (Internal Revenue Service), Agency.
Frank Angiulo,
Complainant,
v.
Timothy F. Geithner,
Secretary,
Department of the Treasury
(Internal Revenue Service),
Agency.
Request No. 0520100619
Appeal No. 0120102104
Agency No. IRS-10-0124-F
DENIAL
Complainant timely requested reconsideration of the decision in Frank
Angiulo v. Department of the Treasury, EEOC Appeal No. 0120102104 (August
12, 2010). 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).
In our previous decision, the Commission affirmed the decision of the
Agency, which found that Complainant had not filed his formal complaint
in a timely manner, and had not presented justification to warrant an
extension of the time limit for filing the formal complaint.
In his request for reconsideration, Complainant argued that the instant
complaint should be viewed as part of a "continuing pattern and practice
of discrimination" related to a previously filed complaint against the
Agency, currently before an EEOC Administrative Judge (AJ). He argued
that the claims should have been consolidated with those that are pending
at hearing. He also claimed that the late filing should be excused due
to his diagnosed depression and inability to concentrate.
The Agency submitted a brief in opposition to Complainant's request for
reconsideration, in which it posited that neither argument advanced by
Complainant actually demonstrated that the previous decision involved a
clearly erroneous interpretation of material fact or law, or otherwise
met the criteria for a request for reconsideration.
We find that Complainant's request for reconsideration fails to show
that our previous decision involved a clearly erroneous interpretation of
fact or law, or that it would have a substantial impact on the policies,
practices or operations of the Agency. Complainant does not present
evidence to show that he was so incapacitated during the time period
between his receipt of the notice of right to file and the running of
the 15-day period in which to file his formal complaint so as to preclude
his filing of the complaint in a timely manner. His argument that these
claims should be consolidated with his previous complaint are misplaced
in this request for reconsideration, as that should have been raised
with the AJ in the context of the hearings process, or at the time of
contact with an EEO Counselor at which time he could have stated that
he would like to amend his previous complaint.
After reconsidering 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. 0120102104 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; 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 Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
December 27, 2010
Date
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0520100619
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520100619