0320070103
08-21-2007
Andrew L. Douglas, Petitioner, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.
Andrew L. Douglas,
Petitioner,
v.
Dr. Donald C. Winter,
Secretary,
Department of the Navy,
Agency.
Petition No. 0320070103
MSPB No. CH0752060819I1
DECISION
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 alleged that he was discriminated against on the bases of race
(African-American), religion (Jewish), and reprisal for prior protected
EEO activity under Title VII of the Civil Rights Act of 1964 when he
was removed from his position of Police Officer for failure to meet
the regulatory requirement to carry a firearm. Briefly, a new chief
of police came into petitioner's facility and while reviewing files
discovered that petitioner had been convicted of a felony in 1971.
The agency's regulations require that a Police Officer carry a firearm,
and that convicted felons were disqualified from carrying firearms.
As a result, petitioner was removed from his position.1
Petitioner waived his right to a hearing and thereafter an MSPB
Administrative Judge (AJ) issued an initial decision upholding the removal
and finding that petitioner did not support his claims of discrimination
or reprisal. Petitioner sought review by the full Board which denied
his request. Petitioner then filed the instant petition.
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). Upon review of the record, the Commission
finds that petitioner has failed to show that the agency's reasons for
its action were a pretext for discrimination or reprisal.
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. 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.
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
August 21, 2007
__________________
Date
1 It appears from the record that the agency was willing to help
petitioner look for another position that did not require him to carry
a firearm, but petitioner was interested in only being a Police Officer.
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0320070103
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0320070103