03a40032
12-11-2003
Arthur G. Moody, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Arthur G. Moody v. USPS
03A40032
December 11, 2003
.
Arthur G. Moody,
Petitioner,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Petition No. 03A40032
MSPB No. AT-0752-00-0226-M-1
DECISION
On October 31, 2003 the petitioner filed a timely petition with the
Equal Employment Opportunity Commission asking for review of the final
Order issued by the Merit Systems Protection Board (MSPB) dated September
29, 2003, concerning his claim of discrimination based on disability in
violation of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation
Act), as amended, 29 U.S.C. � 791 et seq.
The petitioner claims he was discriminated against when he was removed
from his position for improper conduct when he requested sick leave while
he was incarcerated. Following a hearing, an MSPB AJ issued a decision
upholding the removal and finding no discrimination. Petitioner sought
review by the full Board, but his request was denied. The Board gave
petitioner appeal rights to the Commission.
EEOC Regulations provide that the Commission has jurisdiction over
mixed case appeals on which the MSPB has issued a decision that makes
determinations on claims of discrimination. 29 C.F.R. � 1614.303 et seq.
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 because its ultimate finding of no discrimination 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
December 11, 2003
__________________
Date