0120103724
12-14-2010
Michael Harac, Complainant, v. Gary Locke, Secretary, Department of Commerce, (Bureau of the Census), Agency.
Michael Harac,
Complainant,
v.
Gary Locke,
Secretary,
Department of Commerce,
(Bureau of the Census),
Agency.
Appeal No. 0120103724
Agency No. 10-63-02623D
DECISION
Upon review, we find that the Agency's decision dated August 31, 2010
decision dismissing Complainant's complaint for failure to state a claim
is proper pursuant to 29 C.F.R. �1614.107(a)(1). The Agency's decision
dismissing the complaint is AFFIRMED.
BACKGROUND
In his complaint, dated July 25, 2010, Complainant, a former Crew
Leader at the Agency's Hollywood, Florida Local Census Office, alleged
discrimination in retaliation when he was terminated from his position
twice, once for questioning the termination of an Enumerator on his
crew, and the second time for "lack of work"; he was denied alternative
dispute resolution or any due process prior to his termination(s); he was
denied the same training and support as his peers while being assigned a
workload far in excess of other Crew Leaders' assignments; he was denied
his requests to review his own personnel file and other documents under
the Freedom of Information Act (FOIA); and he was interfered with his
unemployment compensation claim.
The Agency stated that Complainant had no prior EEO activity and had not
opposed any unlawful discriminatory practices. The Agency also stated
that the alleged claim concerning FOIA was beyond the purview of the
EEO process.
ANALYSIS AND FINDINGS
Upon review, we find Complainant did not engage in any protected
opposition to discrimination. Complainant claimed that he was retaliated
against due to his reporting wrong doing on the part of the Agency.
However, we find that Complainant's foregoing action does not constitute
a protected EEO activity under the regulations. Upon review, we find
that Complainant failed to identify any basis within the purview of
the regulations. 29 C.F.R. � 1614.101.
Accordingly, the Agency's final decision is AFFIRMED.
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
12/14/10
__________________
Date
2
0120103724
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013