0120103496
05-24-2011
Margaret A. Laguerra, Complainant, v. Timothy F. Geithner, Secretary, Department of the Treasury, (Internal Revenue Service) Agency.
Margaret A. Laguerra,
Complainant,
v.
Timothy F. Geithner,
Secretary,
Department of the Treasury,
(Internal Revenue Service)
Agency.
Appeal No. 0120103496
Agency No. IRS-10-0094-F
DECISION
Complainant filed a timely appeal with this Commission from the Agency's
final decision dated March 12, 2010, dismissing a formal complaint of
unlawful employment discrimination in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq.,
and the Age Discrimination in Employment Act of 1967, as amended (ADEA),
29 U.S.C. §621 et seq.
BACKGROUND
During the period at issue, Complainant worked as a Human Resources
Assistant at an Agency facility in Washington, D.C. On January 7, 2010,
Complainant filed the instant formal complaint. Therein, Complainant
claimed that she was the victim of unlawful employment discrimination
on the bases of race, color, age, and in reprisal for prior protected
activity when:
On October 15, 2009, the IRS, pursuant to an order of the District Court
of Prince Georges County, Maryland, garnished her wages.
On March 12, 2010, the Agency issued the instant final decision. Therein,
the Agency dismissed the formal complaint for failure to state a claim.
Specifically, the Agency found that the instant complaint constituted
a collateral attack regarding a garnishment order of her wages by a
state District Court, and that the Agency was acting pursuant to that
court’s order.
ANALYSIS AND FINDINGS
The instant formal complaint was properly dismissed pursuant to 29 C.F.R.
§ 1614.107(a)(1) for failure to state a claim. The formal complaint
addresses a wage garnishment order by a state court. Collateral attacks
to other proceedings fail to state a claim. Complainant should raise
his concerns with the wage garnishment order through the state Courts,
and not within the EEO complaint process.
Accordingly, the Agency's final decision dismissing Complainant's formal
complaint for failure to state a claim is AFFIRMED.
Because we affirm the Agency’s dismissal for the reason stated herein,
we will not address the alternative dismissal grounds of the instant
complaint stating the same matter raised in a prior formal complaint.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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
77960, Washington, DC 20013. 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 (S0610)
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 (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
May 24, 2011
___________________
Date
2
0120110939
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
3
0120103496