0320070123
11-16-2007
Michael L. Haskins, Petitioner, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.
Michael L. Haskins,
Petitioner,
v.
R. James Nicholson,
Secretary,
Department of Veterans Affairs,
Agency.
Petition No. 0320070123
MSPB No. AT-0752-06-0761-I-1
DECISION
On March 20, 2007, 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 his 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.
During the relevant period, petitioner was employed as a Supervisory
Biomedical Engineer at a Mississippi medical center of the agency. In a
letter dated April 17, 2006, a Division Chief issued petitioner a Notice
of Proposed Removal, citing "[l]ack of [c]andor" during an administrative
investigation, "[i]nappropriate use of supervisory authority," "[f]ailure
as a supervisor to uphold and adhere to [agency] policies on employee
responsibilities and conduct," "[s]eeking unauthorized external assistance
to modify or delete [agency] information contained within [an agency]
computer system," and "[c]reating a hostile work environment for staff."
On May 2, 2006, the Medical Center Director upheld the proposed removal.
In an MSPB appeal dated June 3, 2006, petitioner alleged that the agency
discriminated against him on the bases of race (African-American), sex
(male), and reprisal for prior protected EEO activity when, effective June
2, 2006, it removed him from Federal employment. Petitioner asserted an
affirmative defense that the agency removed him based on false charges
and in retaliation for filing an EEO complaint (identified as agency
number 200L-0586-2006100420).
A hearing was held1 and, thereafter, an MSPB Administrative Judge (AJ)
issued an Initial Decision, in which she affirmed the agency's action
and found that petitioner failed to establish his affirmative defense
of discrimination. Subsequently, petitioner filed a petition for
review with the full Board, which was denied. Petitioner then filed
the instant petition.
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 must determine whether the decision of the
MSPB with respect to the allegation of discrimination constitutes a
correct interpretation of any applicable law, rule, regulation or policy
directive, and is supported by the evidence in the record as a whole.
29 C.F.R. � 1614.305(c).
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. The Commission finds that the MSPB's decision
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.
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
November 16, 2007
__________________
Date
1 We note that the agency withdrew the charge of "[i]nappropriate use
of supervisory authority" at the MSPB hearing.
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0320070123
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
0320070123