03A30063
08-28-2003
Virgil W. Hopper, Sr., Petitioner, v. Gale A. Norton, Secretary, Department of the Interior, Agency.
Virgil W. Hopper, Sr. v. Department of the Interior
03A30063
August 28, 2003
.
Virgil W. Hopper, Sr.,
Petitioner,
v.
Gale A. Norton,
Secretary,
Department of the Interior,
Agency.
Petition No. 03A30063
MSPB No. SF-0351-02-0238-1
DECISION
On July 29, 2003, 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 his 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.
Petitioner, an Exhibit Specialist at the agency's facility Hoover Dam,
alleged that he was discriminated against on the basis of reprisal (prior
EEO complaints alleging discrimination under Title VII) when, effective
January 4, 2002, he was removed pursuant to a reduction in force (RIF).
On January 28, 2002, petitioner filed a mixed case appeal with the MSPB.
After a hearing, the Administrative Judge found that petitioner failed
to establish that the removal action was unlawful retaliation. The Board
denied petitioner's petition for review.
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 an
incorrect interpretation of any applicable law, rule, regulation or policy
directive, or is not 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 order of the MSPB finding
no discrimination. The Commission finds that the MSPB Administrative
Judge'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
August 28, 2003
__________________
Date