03A20061
07-17-2002
David Cripe, Petitioner, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.
David Cripe v. Department of the Treasury
03A20061
July 17, 2002
.
David Cripe,
Petitioner,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
Agency.
Petition No. 03A20061
MSPB No. SF-0752-01-0115-I-3
DECISION
On April 17, 2002, petitioner filed a timely petition with the Equal
Employment Opportunity Commission (the Commission) for review of the
Initial Decision of the Merit Systems Protection Board (MSPB or Board)
Administrative Judge (AJ) issued February 22, 2002, concerning his claim
that the agency discriminated against him on the bases of disability
(Generalized Anxiety Disorder and Depression) and reprisal (prior EEO
activity) when, effective November 11, 2000, he was removed from his
Revenue Agent position in violation of Section 501 of the Rehabilitation
Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.
The MSPB AJ found that the agency had not engaged in discrimination as
alleged by petitioner.
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).
For the purposes of analysis, we assume, without finding, that petitioner
is an individual with a disability covered under the Rehabilitation Act.
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'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. Further, the Board's ultimate finding, that
unlawful employment discrimination was not proven by a preponderance of
the evidence, is supported by the record.
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
July 17, 2002
__________________
Date