Horace M. Chambers, Petitioner,v.Linda M. Springer, Director, Office of Personnel Management, Agency.

Equal Employment Opportunity CommissionFeb 27, 2007
0320070043 (E.E.O.C. Feb. 27, 2007)

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.

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0320070043

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

3

0320070043