0320090082
09-03-2009
Danial Farooq, Petitioner, v. Nicola O. Goren, Acting Chair, Corporation for National and Community Service, Agency.
Danial Farooq,
Petitioner,
v.
Nicola O. Goren,
Acting Chair,
Corporation for National and Community Service,
Agency.
Petition No. 0320090082
MSPB No. CH0752070617B1
DECISION
Petitioner filed a 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 the Age Discrimination in Employment Act of 1967 (ADEA),
as amended, 29 U.S.C. � 621 et seq.
At the time the events at issue arose, petitioner was a Grants Management
Specialist, G-12, for the agency in Chicago, Illinois. In an appeal
to the MSPB, petitioner alleged that he was discriminated against on
the basis of age (65) when the agency issued a reduction-in-force (RIF)
procedure to "coerce" his retirement. Petitioner alleged that the RIF
action resulted from a decision by the agency to close and consolidate
several of its service centers and the agency considered the retirement
eligibility status of its employees in making this decision. Petitioner
argued that this was tantamount to age discrimination.
Petitioner did not request a hearing, and an MSPB Administrative
Judge (AJ) issued an initial decision finding that petitioner was
not discriminated against as alleged. The AJ noted that the agency
consolidated five service centers located in different cities to promote
quality and efficiency. The consolidation impacted on 31 employees,
of which 24 were over the age of 40. The agency offered all staff,
including petitioner, comparable positions at the new center in
Philadelphia. The agency offered to pay relocation expenses for the
employees. All employees at the closing service centers were offered
reassignments regardless of age. Those who were willing to commit to early
relocation were offered a relocation bonus of $5,000. Petitioner opted
to retire rather than relocate. Because all impacted employees were
offered reassignments, regardless of age, the AJ found that petitioner
failed to show that age was a determining factor in the agency's decision
to consolidate its centers.
Petitioner sought review by the full Board, which denied his
request. Petitioner then filed his petition with the Commission, but
did not make any arguments regarding his age discrimination claims.
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. 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 (W0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
September 3, 2009
__________________
Date
2
0320090082
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
3
0320090082