03a30069
09-15-2003
Kanu R. Gandhi, Petitioner, v. R.L. Brownlee, Acting Secretary, Department of the Army, Agency.
Kanu R. Gandhi v. Dept. of the Army
03A30069
September 15, 2003
.
Kanu R. Gandhi,
Petitioner,
v.
R.L. Brownlee,
Acting Secretary,
Department of the Army,
Agency.
Petition No. 03A30069
MSPB No. DC-0432-01-0033-I-4
DECISION
On August 20, 2003 the petitioner filed a timely petition with the Equal
Employment Opportunity Commission asking for review of the decision
issued by the Merit Systems Protection Board (MSPB) dated July 21, 2003,
concerning his claim of discrimination based on age (71), national
origin (India), Race (Indian), color (dark brown), gender (male),
disability (mental) andreprisal in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.;
the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29
U.S.C. � 621 et seq. and Section 501 of the Rehabilitation Act of 1973
(Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.
The petitioner claims she was discriminated and retaliated against when
she was removed from her position for poor performance. Petitioner
withdrew his request for a hearing on the matter and thereafter the
MSPB issued a decision upholding the removal and finding that petitioner
failed to show he was discriminated or reprised against as alleged. The
full Board denied petitioner's petition for review.
EEOC Regulations provide that the Commission has jurisdiction over
mixed case appeals on which the MSPB has issued a decision that makes
determinations on claims of discrimination. 29 C.F.R. � 1614.303 et seq.
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 because its ultimate finding of no discrimination or
reprisal 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
September 15, 2003
__________________
Date