03a50015
03-07-2005
Vicki J. Davis, Petitioner, v. Gale A. Norton, Secretary, Department of the Interior, Agency.
Vicki J. Davis v. Department of the Interior
03A50015
March 7, 2005
.
Vicki J. Davis,
Petitioner,
v.
Gale A. Norton,
Secretary,
Department of the Interior,
Agency.
Petition No. 03A50015
MSPB No. SE-0752-03-0386-I-1
DECISION
On January 19, 2005, petitioner filed a timely petition with the Equal
Employment Opportunity Commission asking for review of an Initial
Decision issued by a Merit Systems Protection Board Administrative
Judge (MSPB AJ) 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 alleged that she was discriminated against on the bases of
disability (depression, anxiety, and mild post-traumatic stress syndrome)
and reprisal when effective July 18, 2003, she was terminated from her
position as a Fish and Wildlife Biologist at the agency's Kenai National
Wildlife Refuge in Soldotna, Alaska.
On August 14, 2003, petitioner filed a mixed case appeal with the MSPB.
After a hearing, the MSPB AJ found that petitioner failed to establish
that the removal action was discriminatory. 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.<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
March 7, 2005
__________________
Date
1 For the purposes of analysis, we assume petitioner is an individual
with a disability. 29 C.F.R. � 1630.2(g)(1).