01A21666
09-25-2003
Robert Roseman, Complainant, v. John W. Snow, Secretary, Department of the Treasury, (Internal Revenue Service), Agency.
Robert Roseman v. Department of the Treasury
01A21666
September 25, 2003
.
Robert Roseman,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
(Internal Revenue Service),
Agency.
Appeal No. 01A21666
Agency Nos. 94-2086, 94-2182, 98-2097
Hearing No. 320-A0-8163X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's final order in the above-entitled matter.
In his consolidated complaints, complainant alleged that the agency
discriminated against him on the basis of disability and in reprisal for
prior EEO activity in violation of Section 501 of the Rehabilitation Act
of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq., when:
On August 16, 1993, management failed to provide a back saver chair,
a variable height desk, a telephone head set and long cord, or otherwise
make physical accommodations for complainant;
Management denied complainant's request to convert annual leave since
June 3, 1993, to either sick leave or leave without pay by memorandum
dated September 27, 1993;
Management failed to convert two hours of AWOL to sick leave as requested
in complainant's memoranda dated July 23, 1993 and August 16, 1993;
Management placed complainant on leave restriction by memorandum dated
September 27, 1993;
Management failed to comply with the work restrictions from complainant's
physician set out in the OWCP forms dated January 7, 1993, and August 3,
1993, by requiring complainant to work full time by memorandum dated
June 17, 1993, and by denying complainant's written requests dated
June 10, 1993, and August 16, 1993, for a flexible work schedule and
flexible leave approval procedure, by memoranda dated June 17, 1993,
and September 27, 1993, respectively;
Management characterized complainant's injury to others as �alleged,�
thereby creating an offensive working environment;
Management repeatedly required complainant to produce doctor's
statements;
Management denied complainant's request dated August 16, 1993, for a
workload reduction by memorandum dated September 27, 1993;
Management denied complainant's request for sick leave or leave without
pay for complainant's back condition by memoranda dated June 17, 1993,
and September 27, 1993;
Management denied complainant's written request for a coach dated
October 1, 1993, by memorandum dated November 3, 1993;
Management conducted 100% reviews of complainant's workload on August
30-31, 1993, and November 9-10, 1993;
Management refused to provide all documentation relating to complainant
which complainant requested at a meeting on October 1, 1993, and by
memoranda dated July 12, 1993 and October 1, 1993;
Management refused complainant's request on October 22, 1993, to be
assigned only one primary geographical work area as are other revenue
officers and to transfer cases outside complainant's group's geographic
boundaries from complainant's inventory;
Management denied complainant's request in a meeting on October 1,
1993, any further use of official time to deal with OWCP issues;
Management issued complainant a memorandum entitled �Directives to Work
Cases� dated February 1, 1994;
Management denied complainant credit hours previously approved and
worked, and removed the hours from complainant's credit leave balance
by memorandum dated December 27, 1993;
Management charged complainant with four hours of AWOL on December
6, 1993;
Management issued complainant a memorandum dated December 27, 1993,
in which the group manager informed complainant of the date and time
to be prepared to discuss a case review;
Management issued complainant a memorandum dated December 27, 1993,
that addressed excessive use of administrative time on December 1, 2,
and 3, 1993;
Management issued complainant a memorandum on December 27, 1993,
entitled �Car Pooling and Use of Government Cars;�
Management issued complainant a memorandum on December 27, 1993,
entitled �Use of Government Car/Travel on Sunday, December 5, 1993;"
Management lied to obtain concessions in a grievance settlement reached
on February 2, 1994, which resulted in reducing complainant's annual
leave carryover balance;
Management disallowed complainant's credit hours on January 18, 1994;
On February 9, 1994, and February 15, 1994, management denied
complainant's requests for official time to work on his EEO matters;
Management issued complainant a memorandum dated January 13, 1994, in
which the group manager reminded complainant that credit hours must be
approved in advance or as soon after working hours as is practical;
Management directed other employees to transfer cases to complainant;
Management ordered complainant back to work in August or September 1992
under threat of discipline;
Management denied complainant authorization to use the commuted rate
for complainant's November 1992 relocation; and,
Management made unlawful disclosures concerning complainant in June 1993.
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 (M0701)
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
September 25, 2003
__________________
Date