0320080086
08-22-2008
Saffareene Gray, Petitioner, v. Lurita Alexis Doan, Administrator, General Services Administration, Agency.
Saffareene Gray,
Petitioner,
v.
Lurita Alexis Doan,
Administrator,
General Services Administration,
Agency.
Petition No. 0320080086
MSPB No. CB7121080009V1
DECISION
Petitioner filed a timely petition with the Equal Employment Opportunity
Commission asking for review of an Opinion and Order issued by the Merit
Systems Protection Board (MSPB) 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.
Petitioner alleged that she was discriminated against on the basis of
color (not identified) when she was removed from her position of Lead
Contract Specialist, GS-13. Petitioner was removed for unacceptable
performance, failure to attend scheduled meetings as directed,
failure to submit reports as directed, and insubordination. Petitioner
grieved her removal, but did not raise discrimination claims during the
arbitration process. A hearing was held and thereafter an arbitrator
issued a decision denying the grievance and upholding the removal.
Petitioner then filed an appeal from the arbitrator's decision with the
MSPB. In her appeal she raised a claim of discrimination based on color.
In its opinion, the Board upheld the arbitrator's decision. The Board
found that petitioner failed to present any evidence that her removal
was tainted by discrimination. In effect, the Board found that petitioner
failed to show that the agency's reasons for its actions were a pretext
for discrimination. Petitioner then filed the instant petition.
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 (W0408)
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 (Z0408)
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
August 22, 2008
__________________
Date
2
0320080086
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0320080086