03a60114
09-19-2006
Carmelita Higgs, Petitioner, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Carmelita Higgs,
Petitioner,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Petition No. 03A60114
MSPB No. CH0752040422I1
DECISION
Petitioner filed a petition with the Equal Employment Opportunity
Commission asking for review of a Final Order issued by the Merit
Systems Protection Board (MSPB) concerning her claim of discrimination
in violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq.
Petitioner alleged that she was discriminated against on the basis of
reprisal for prior protected EEO activity under Title VII of the Civil
Rights Act of 1964, when she was removed from her position of Air traffic
Control Specialist, effective March 21, 2004, for failing to comply with
medical restrictions--not wearing her glasses. A hearing was held, and
thereafter an MSPB Administrative Judge (AJ) issued an initial decision
finding no reprisal. Petitioner sought review by the full Board, which
denied her petition on June 2, 2005.
A copy of the certified mail return receipt card reveals that the Board's
final order was received by petitioner's attorney on June 7, 2005.
A review of the Board's decision reveals that the MSPB properly advised
petitioner that she had thirty (30) calendar days after receipt of its
decision to file her appeal with the Commission. Therefore in order to
be considered timely, petitioner had to file her appeal no later than
July 6, 2005. In record also indicates that petitioner's attorney,
who apparently was no longer representing her, sent her a letter on
June 7, 2005, informing her that she needed to file a petition with the
Commission within the appropriate time frames.
However, petitioner's petition for review is dated August 2, 2006,
over one year later. Petitioner basically argues that she did not file a
petition because she could not afford an attorney. Based on a thorough
review of the record, the Commission concludes that petitioner has not
offered adequate justification for an extension of the applicable time
limits for filing her petition. 29 C.F.R. � 1614.303(c). Consequently
the Commission denies the petition for review.
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0900)
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,
based on the decision of the Merit Systems Protection Board, within
thirty (30) calendar days of 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 (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 19, 2006
__________________
Date
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03A60114
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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03A60114