Deborth J. Jaziz, Petitioner,v.Alberto Gonzales, Attorney General, Department of Justice, Agency.

Equal Employment Opportunity CommissionJul 28, 2005
03a50056 (E.E.O.C. Jul. 28, 2005)

03a50056

07-28-2005

Deborth J. Jaziz, Petitioner, v. Alberto Gonzales, Attorney General, Department of Justice, Agency.


Deborth J. Haziz v. Department of Justice

03A50056

July 28, 2005

.

Deborth J. Jaziz,

Petitioner,

v.

Alberto Gonzales,

Attorney General,

Department of Justice,

Agency.

Petition No. 03A50056

MSPB No. DC-0752-04-0754-S-1

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 her 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. and Section 501 of the Rehabilitation

Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.

Petitioner, a Supervisory Correctional Officer, alleged that she was

discriminated against on the bases of disability (post traumatic stress

disorder, insomnia secondary to PTSD and adjustment disorder with mixed

anxiety and depressed mood) and reprisal when she was removed from

her position for being unable to perform the duties of her position.<1>

Petitioner filed a mixed case appeal with the MSPB. After a hearing, the

Administrative Judge found that there was no discrimination or reprisal.

The initial decision became the Board's final decision. Petitioner then

filed a petition for review with the Commission. Petitioner did not make

any arguments in her 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).

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 and reprisal. 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.

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 28, 2005

__________________

Date

1Commission assumes, without finding, that petitioner is an individual

with a disability. See 29 C.F.R. � 1630.2(g)(1).