03A40135
10-19-2004
Sandra D. Robinson, Petitioner, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Sandra D. Robinson v. Department of the Treasury
03A40135
October 19, 2004
.
Sandra D. Robinson,
Petitioner,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Petition No. 03A40135
MSPB No. DA-0752-03-0307-I-1
DECISION
On September 3, 2004, petitioner filed a timely petition with the
Equal Employment Opportunity Commission asking for review of a Final
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.
and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. � 791 et seq. Petitioner, a Contact Representative
at an agency's facility, alleged that she was discriminated against on
the bases of race (African-American), disability, and reprisal when,
effective April 6, 2002, she was issued a thirty-day suspension.
On March 21, 2003, petitioner filed a mixed case appeal with the MSPB.
After a hearing, the Administrative Judge found that petitioner failed to
establish her claims of discrimination. The Board issued its order and
opinion reopening the matter on its own motion, however, still sustaining
the suspension. The only issue discussed in the Board's opinion and
order was petitioner's contention that the agency committed harmful error
by failing to mail her copy of the notice of the proposed suspension.
The Board summarily stated that petitioner did not prove any of her
asserted defenses.
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 and for the foregoing reasons,
it is the decision of the Commission to concur with the final decision
of the MSPB finding no discrimination.<1> 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 (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 19, 2004
__________________
Date
1 For the purposes of analysis, we assume petitioner is an individual
with a disability.