Vicki J. Davis, Petitioner,v.Gale A. Norton, Secretary, Department of the Interior, Agency.

Equal Employment Opportunity CommissionMar 7, 2005
03a50015 (E.E.O.C. Mar. 7, 2005)

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).