03a40044
02-12-2004
Rachel V. Santos, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Rachel V. Santos v. USPS
03A40044
February 12, 2004
.
Rachel V. Santos,
Petitioner,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Petition No. 03A40044
MSPB No. SF-0752-03-0526-I-1
DECISION
On December 22, 2003 the petitioner filed a timely petition with the
Equal Employment Opportunity Commission asking for review of the Initial
Decision issued by the Merit Systems Protection Board (MSPB) dated
November 6, 2003, which became final on December 11, 2003. Petitioner
claimed discrimination based on disability (psychological) in violation
of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. � 791 et seq.
The petitioner claims she was discriminated against when she was removed
from her position for being absent from duty in a leave without pay
status in excess of one year. Petitioner was placed on leave without
pay status in 1996 and was removed in 2001. Petitioner waived her right
to a hearing and thereafter the MSPB AJ issued a decision upholding the
removal and finding that petitioner failed to show she was discriminated
against. Petitioner did not seek review by the full Board, and the
Initial Decision became the final decision
EEOC Regulations provide that the Commission has jurisdiction over
mixed case complaints on which the MSPB has issued a decision that makes
determinations on claims of discrimination. 29 C.F.R. � 1614.303 et seq.
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 because its ultimate finding of no discrimination 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
February 12, 2004
__________________
Date