03a50064
08-17-2005
Dorothy T. Pleasant, Petitioner, v. Alphonso Jackson, Secretary, Department of Housing and Urban Development, Agency.
Dorothy T. Pleasant v. Dept. of Housing and Urban Development
03A50064
August 17, 2005
.
Dorothy T. Pleasant,
Petitioner,
v.
Alphonso Jackson,
Secretary,
Department of Housing and Urban Development,
Agency.
Petition No. 03A50064
MSPB No. CB-7121-04-0010-V-1
DECISION
Petitioner filed a timely petition with the Equal Employment Opportunity
Commission asking for review of an Opinion and Order issued by the Merit
Systems Protection Board (MSPB) concerning her 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., Section 501 of the Rehabilitation
Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq. and
the Age Discrimination in Employment Act of 1967 (ADEA), as amended,
29 U.S.C. � 621 et seq.
Petitioner, a Public Housing Revitalization Specialist, GS-12, alleged
that she was discriminated against on the bases of race (Black),
color (Black), sex (female), disability (numerous conditions) and age
(66) when she was removed from her position.<1> The agency removed
petitioner for misrepresenting a claim with the Office of Worker's
Compensation, disrespectful conduct, failure to comply or delay in
following instructions, and making false and malicious/unfounded
statements against agency employees. Petitioner grieved her removal,
but did not raise any discrimination claims with the arbitrator. The
arbitrator found that the agency could not sustain all of the reasons
for removing petitioner. The arbitrator found that the only claim that
could be sustained was one claim related to petitioner's failure to
comply with instructions. Specifically, petitioner was directed to seek
prior approval for official time for representative duties. Although
petitioner had been warned of the consequences, she did not seek prior
approval for such leave. The arbitrator reduced the termination to a 30
day suspension. Petitioner sought review of the arbitrator's decision
by the MSPB. Therein petitioner raised her claims of discrimination.
However, as noted by the Administrative Judge, petitioner did not
provide any evidence to support her claims of discrimination, and did not
establish a prima facie case of discrimination on any basis. The Board's
Opinion and Order upheld the 30 day suspension, found that there was
no discrimination, and gave appeal rights to the Commission. Petitioner
then filed a petition for review with the Commission.
EEOC Regulations provide that the Commission has jurisdiction
over 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 Opinion and Order 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
August 17, 2005
__________________
Date
1The Commission assumes, without finding, that petitioner is an individual
with a disability. See 29 C.F.R. � 1630.2(g)(1).