03A40051
04-07-2004
Sharon Sampson, Petitioner, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Sharon Sampson v. Department of the Navy
03A40051
April 7, 2004
.
Sharon Sampson,
Petitioner,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Petition No. 03A40051
MSPB No. DC-0432-02-0645-I-1
DECISION
On January 29, 2004, petitioner filed a timely petition with the Equal
Employment Opportunity Commission asking for review of the final order
of the Merit Systems Protection Board (MSPB) issued December 23, 2003,
concerning her allegations of discrimination based on reprisal for
prior EEO activity 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 claims she was discriminated against when the agency
removed her from federal service for unacceptable performance. A hearing
was held on the matter and, subsequently, a MSPB Administrative Judge
issued a decision affirming petitioner's removal and finding that
the agency did not engage in discrimination as alleged by petitioner.
Petitioner requested review by the full Board, but her request was denied.
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. 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 Board'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
April 7, 2004
__________________
Date