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).