0520110664
02-10-2012
Charles Martinsen, Complainant, v. Timothy F. Geithner, Secretary, Department of the Treasury (Internal Revenue Service), Agency.
Charles Martinsen,
Complainant,
v.
Timothy F. Geithner,
Secretary,
Department of the Treasury
(Internal Revenue Service),
Agency.
Request No. 0520110664
Appeal No. 0120112155
Agency Nos. IRS-07-0054, IRS-07-0792, IRS-07-1012, IRS-08-1012
DENIAL
Complainant timely requested reconsideration of the decision in Charles
Martinsen v. Department of the Treasury, EEOC Appeal No. 0120112155
(August 25, 2011). 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).
BACKGROUND
Complainant entered into an EEO settlement agreement with the Agency
on March 28, 2008. The settlement agreement provided, in pertinent
part, that:
In 2008, the Complainant will be approved to attend the EEO Excel
Conference, the EEOC Technical Assistance Seminar, USDA Briefing
Techniques, and the Federally Employed Women Conference.
On appeal, Complainant argued that the Agency breached the agreement when
it delayed authorizing his training. The Commission determined that the
Agency substantially complied with this provision because Complainant
attended the specified trainings in 2008. The Commission found that
the delays in authorization for training were not excessive because no
precise time for authorization was specified in the settlement agreement.
CONTENTION ON RECONSIDERATION
In his request for reconsideration, Complainant now argues that the
Commission should void the settlement agreement because he was mentally
incapacitated at the time he signed the agreement on March 28, 2008.
ANALYSIS AND FINDINGS
The Commission has held that arguments raised for the first time on
request for reconsideration will not be considered. Choates v. Federal
Deposit Insurance Corporation, EEOC Request No. 05970012 (May 21, 1998).
Here, Complainant did not raise the issue of mental incapacity in his
initial appeal. He raised the issue of mental incapacity for the first
time on reconsideration. Therefore, the Commission will not consider
it here.
After reviewing the previous decision and the entire record, the
Commission finds that the previous decision did not clearly err in
determining that the Agency substantially complied with the relevant
provision of the settlement agreement. Therefore, the request for
reconsideration 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. 0120112155 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 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
___2/10/12_______________
Date
2
0520110664
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110664