03A40067
04-29-2004
Carmen K. Rodriguez, Petitioner, v. Donald H. Rumsfeld, Secretary, Department of Defense, Agency.
Carmen K. Rodriguez v. Department of Defense
03A40067
April 29, 2004
.
Carmen K. Rodriguez,
Petitioner,
v.
Donald H. Rumsfeld,
Secretary,
Department of Defense,
Agency.
Petition No. 03A40067
MSPB No. SE-0752-0309-I-1
DECISION
On March 9, 2004, the petitioner filed a timely 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.
The petitioner was a Reading Improvement Specialist at the agency's
Domestic Dependent Elementary and Secondary Schools facility in Guam.
The petitioner alleged that she was discriminated against on the basis of
her race (non-Black), sex (female) and reprisal (for prior EEO activity)
when she was sexually harassed and removed from federal service.
On June 5, 2003, the petitioner filed a mixed case appeal with the MSPB.
After a hearing, the Administrative Judge sustained the agency's action,
finding that the agency had legitimate reasons for removing the petitioner
and that the petitioner had not presented any evidence to support her
claims of discrimination and retaliation.
EEOC Regulations provide that the Commission has jurisdiction over
mixed case appeals on which the MSPB has issued a decision that makes
determinations on allegations of discrimination. 29 C.F.R. � 1614.303
et seq.
The Commission finds that the MSPB's decision with respect to the
allegations of discrimination constitutes a correct interpretation of
the laws, rules, regulations and policies governing this matter and is
supported by the evidence in the record as a whole.
Based upon a thorough review of the record, it is the decision of the
Commission to concur with the final decision of the MSPB finding no
discrimination.
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
April 29, 2004
__________________
Date