03A20079
10-16-2002
Patricia Majerczyk, Petitioner, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Patricia Majerczyk v. Department of Justice
03A20079
October 16, 2002
.
Patricia Majerczyk,
Petitioner,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Petition No. 03A20079
MSPB No. DA-0432-01-0346-I-1
DECISION
On July 26, 2002, the petitioner filed a timely petition with the Equal
Employment Opportunity Commission (EEOC) asking for review of the initial
decision of the Merit Systems Protection Board (MSPB) which became final
on July 5, 2002, concerning her 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.
The petitioner claims, in relevant part, that she was discriminated
against based on her national origin (Hispanic), sex (female) and reprisal
(equal employment activity) when she was issued a decision to remove
her dated February 22, 2001.<1>
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.
The MSPB upheld the removal and found no discrimination. Based upon a
thorough review of the record, it is the decision of the Commission to
concur with the final decision of the MSPB because its ultimate finding of
no discrimination 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
October 16, 2002
__________________
Date
1On petition, the petitioner also contests the prior denial of a within
grade increase. The denial was not part of the instant claim before
the MSPB. Accordingly, the matter is not properly before the EEOC in
the instant claim, and we will not rule on the matter here.