Ayesha W.,1 Petitioner,v.Jeff B. Sessions, Attorney General, Department of Justice, Agency.

Equal Employment Opportunity CommissionJul 11, 2017
0320170050 (E.E.O.C. Jul. 11, 2017)

0320170050

07-11-2017

Ayesha W.,1 Petitioner, v. Jeff B. Sessions, Attorney General, Department of Justice, Agency.


U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

Ayesha W.,1

Petitioner,

v.

Jeff B. Sessions,

Attorney General,

Department of Justice,

Agency.

Petition No. 0320170050

MSPB No. DA-0432-16-0481-I-1

DENIAL

On June 19, 2017, Petitioner filed a petition with the Equal Employment Opportunity Commission seeking review of a decision issued by the Merit Systems Protection Board (MSPB). The MSPB initial decision, which was issued on April 21, 2017, dismissed Petitioner's Petition for Enforcement.2

In her petition for review of the April 21, 2017 MSPB decision, Petitioner states, in pertinent part, that "I am writing to request EEOC to thoroughly review the final decision on my discrimination claims . . . ." EEOC Regulations provide that the Commission has jurisdiction over mixed case appeals and complaints on which the MSPB has issued a decision that makes determinations on allegations of discrimination. 29 C.F.R. � 1614.303 et seq. Here, the MSPB dismissed Petitioner's appeal as being settled. The MSPB did not make any determination on Petitioner's discrimination claim. The Commission has no jurisdiction over these types of procedural determinations by the MSPB. Because the MSPB's decision did not address any matters within the Commission's jurisdiction, we have no jurisdiction to review Petitioner's case. Consequently, the Commission will DENY consideration of the petition for review.

PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0610)

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 (Z0815)

If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).

FOR THE COMMISSION:

______________________________ Carlton M. Hadden's signature

Carlton M. Hadden, Director

Office of Federal Operations

_7/11/17_______________

Date

1 This case has been randomly assigned a pseudonym which will replace Petitioner's name when the decision is published to non-parties and the Commission's website.

2 On August 4, 2016, Petitioner filed an appeal with the MSPB concerning her removal from the Agency. As a result of mediation, the parties reached a settlement agreement and subsequent addendum that resolved her appeal in February 2017; consequently, her appeal was dismissed on February 15, 2017. Thereafter, Petitioner filed a Petition for Enforcement with the MSPB; however, in April 2017, the parties entered into a new settlement agreement that, according to the MSPB, "mutually resolved all disputed issues." Therefore, on April 21, 2017, the MSPB dismissed as settled Petitioner's Petition for Enforcement. This decision became final on May 26, 2017.

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