Michael L. Haskins, Petitioner,v.R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity CommissionNov 16, 2007
0320070123 (E.E.O.C. Nov. 16, 2007)

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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2

0320070123

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

3

0320070123