0320120031
02-08-2013
Sandra A. May, Petitioner, v. Patrick R. Donahoe, Postmaster General, United States Postal Service, Agency.
Sandra A. May,
Petitioner,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service,
Agency.
Petition No. 0320120031
MSPB No. SF0752110701I1
DENIAL OF CONSIDERATION
Petitioner filed a petition with the Equal Employment Opportunity Commission seeking a review of a Final Order issued by the Merit Systems Protection Board (MSPB) concerning her claim of discrimination in violation of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.
Petitioner alleged that he was discriminated against on the basis of her physical disability when, on April 1, 2011 she was removed from the Agency for violating a "Last Chance" agreement. An MSPB Administrative Judge (AJ) issued an initial decision finding Petitioner's appeal to the Board was untimely. Petitioner subsequently filed a petition for review before the full Board. In a decision dated August 22, 2012, the full Board denied Petitioner's petition for review. Neither decision gave petitioner appeal rights to the Commission.
EEOC regulations provide that the Commission has jurisdiction over allegations of discrimination raised in connection with an action appealable to the MSPB. 29 C.F.R. � 1614.302. Here, the MSPB dismissed the appeal on procedural grounds. The Commission has no jurisdiction over procedural matters of the Board. Because the MSPB did not address any matters within the Commission's jurisdiction, the Commission has no jurisdiction to review Petitioner's case. Consequently, the Commission denies the petition for review.
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
__2/8/13________________
Date
2
0320120031
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0320120031