0320130021
06-20-2013
Sheryl Taylor, Petitioner, v. Timothy F. Geithner, Secretary, Department of the Treasury (Internal Revenue Service), Agency.
Sheryl Taylor,
Petitioner,
v.
Timothy F. Geithner,
Secretary,
Department of the Treasury
(Internal Revenue Service),
Agency.
Petition No. 0320130021
MSPB No. AT-0752-12-0258-I-1
DENIAL OF CONSIDERATION
On April 20, 2013, Petitioner filed a 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., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq., and the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
Petitioner filed a mixed case complaint alleging that the Agency discriminated against her on the bases of race (African-American), sex (female), disability, age (47), and reprisal for prior protected EEO activity when, effective April 22, 2011, she was removed from her Computer Assistant position. The Agency issued a final decision finding that Complainant was not discriminated against as alleged. Thereafter, Petitioner filed an appeal with the MSPB. An MSPB Administrative Judge (MSPB AJ) issued an April 26, 2012 initial decision dismissing Petitioner's appeal as untimely filed. Petitioner filed a petition for review by the full Board. The Board issued a March 26, 2013 final order denying Petitioner's petition and affirming the MSPB AJ's initial decision.1
EEOC regulations provide that the Commission has jurisdiction over allegations of discrimination raised in connection with an action appealable to the MSPB.
See 29 C.F.R. � 1614.302 et seq. Here, the MSPB dismissed the appeal on procedural grounds. The Commission has no jurisdiction over procedural determinations made by the MSPB. 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
___6/20/13_______________
Date
1 The Board's final order erroneously gave Petitioner appeal rights to the Commission.
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2
0320130021
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013