0320120044
09-28-2012
Jackie L. Williams, Petitioner, v. John M. McHugh, Secretary, Department of the Army, Agency.
Jackie L. Williams,
Petitioner,
v.
John M. McHugh,
Secretary,
Department of the Army,
Agency.
Petition No. 0320120044
MSPB No. AT0752110054I1
DECISION
On May 2, 2012, Petitioner filed a timely 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. and the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
BACKGROUND
At the time of events giving rise to this matter, Petitioner worked as a Painter, WG-4102-09 at the Agency's Anniston Army Depot facility in Anniston, Alabama. Petitioner alleged that the Agency discriminated against him on the bases of race (African-American), sex (male), age (53), and reprisal for prior protected EEO activity under Title VII of the Civil Rights Act of 1964 when he was suspended for 45 days effective September 22, 2010 to November 30, 2010.
A hearing was held and thereafter an MSPB Administrative Judge (AJ) issued an initial decision finding that the Agency issued Petitioner the 45 day suspension as a result of his three charges: disrespect, creating a disturbance in the workplace, and failure to follow instructions. The AJ found that with regard to Petitioner's claims of discrimination, he failed to establish that others outside of his protected class were treated differently and that the Agency's proffered reasons for suspending him were a pretext for discrimination or retaliation. Thereafter, Petitioner sough review by the full Board. The full Board denied his petition for review. Petitioner then filed the instant petition with the Commission. Petitioner did not make any arguments in his petition for review, however. The Agency argues, among other things, that Petitioner failed to establish that he was discriminated against as alleged and requests that we concur with the MSPB's finding of no discrimination.
ANALYSIS AND FINDINGS
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. Nothing in the record supports Petitioner's contentions that he was subjected to discrimination or retaliation as alleged.
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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
with the Court 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
__9/28/12________________
Date
2
0320120044
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0320120044