0320070043
02-27-2007
Horace M. Chambers, Petitioner, v. Linda M. Springer, Director, Office of Personnel Management, Agency.
Horace M. Chambers,
Petitioner,
v.
Linda M. Springer,
Director,
Office of Personnel Management,
Agency.
Petition No. 0320070043
MSPB No. SF0831050365B1
DECISION
Petitioner filed a petition with the Equal Employment Opportunity
Commission asking for review of a Final Order issued by the Merit
Systems Protection Board (MSPB) concerning his 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.
Petitioner, who is retired, alleged that he was discriminated against
on the basis of race (African-American) when the agency began paying his
former spouse 24% of his annuity pursuant to a court order.1 Petitioner
basically argued that the court miscalculated his former wife's
entitlement, and that the agency should have recognized the court's
alleged error. Petitioner waived his right to a hearing, and a MSPB
Administrative Judge (AJ) issued an initial decision finding that the
agency correctly gave effect to the specific and unambiguous language
of the court order. The AJ noted that retirement statutes allow for no
discretion on the part of the agency and that petitioner's discrimination
claims were without merit. The Commission notes that petitioner provided
no specific arguments in support of his race claims to the MSPB, and
failed to offer evidence to show that the agency's actions were a pretext
for discrimination. Petitioner sought review by the full Board, which
denied his petition. Neither of the Board decisions gave petitioner appeal
rights to the Commission. Petitioner then filed the instant petition.
Petitioner provides no further information or evidence regarding his
race claims.
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. 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 final decision 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
February 27, 2007
__________________
Date
1 The Commission notes that the MSPB recognized petitioner's former
spouse as an Intervenor in its decision.
??
??
??
??
2
0320070043
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
0320070043