03A40138
10-29-2004
Larry D. Morrill, Petitioner, v. Gale A. Norton, Secretary, Department of the Interior, Agency.
Larry D. Morrill v. Department of the Interior
03A40138
October 29, 2004
.
Larry D. Morrill,
Petitioner,
v.
Gale A. Norton,
Secretary,
Department of the Interior,
Agency.
Petition No. 03A40138
MSPB Nos. DE-1221-02-0180-W-2 & DE-0752-02-0234-I-2
DENIAL OF CONSIDERATION
The petitioner filed a petition with the Equal Employment Opportunity
Commission (EEOC or Commission) for review of the final order of the
Merit Systems Protection Board (MSPB) dated August 19, 2004.
The petitioner filed two appeals with the MSPB which it consolidated.
The petitioner claimed that he was discriminated against based on his
age, disabilities, and reprisal for EEO activity with regard to various
personnel actions, terms and conditions of his employment; and being
constructively discharged in March 2001.
The initial decision of the MSPB did not address discrimination.
It ordered that the agency take corrective action with regard to one of
the petitioner's claims, and found that it did not have jurisdiction
over the constructive discharge claim. The petitioner's petition for
review of the initial decision was denied by the MSPB on August 19,
2004, and the petitioner than filed the instant petition with the EEOC.
Neither MSPB decision gave appeal rights to the EEOC.
The petitioner also filed an appeal from the MSPB's action with the United
States Court of Appeals for the Federal Circuit, which was docketed on
September 10, 2004 as docket number 04-3437.
The petitioner's petition of the MSPB's final decision is denied on
the grounds that he filed an appeal to review the same decision with
the United States Court of Appeals for the Federal Circuit, which is
still pending.<1> Accordingly, the Commission denies the petitioner's
petition for review.
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
October 29, 2004
__________________
Date
1As of October 21, 2004, the appeal was still pending.