Rachelv.Santos, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionFeb 12, 2004
03a40044 (E.E.O.C. Feb. 12, 2004)

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