03A30005_r
12-19-2002
Doris L. Alexander, Petitioner, v. Kay Coles James Director, Office of Personnel Management, Agency.
Doris L. Alexander v. Office of Personnel Management
03A30005
December 19, 2002
.
Doris L. Alexander,
Petitioner,
v.
Kay Coles James
Director,
Office of Personnel Management,
Agency.
Petition No. 03A30005
MSPB No. DA-0831-02-0452-I-1
DECISION
On October 16, 2002, petitioner filed a petition with the Equal Employment
Opportunity Commission regarding the Merit Systems Protection Board's
(MSPB) final decision on her case. Petitioner, a widow of a deceased
agency employee, filed an appeal with the MSPB alleging discrimination
based on her marital status when she was denied her entitlement to
a survivor annuity based on the federal service of her now deceased
husband. The MSPB affirmed an agency's decision to deny petitioner a
survivor annuity because she had only been married to her now deceased
husband for about eight months, i.e., less than one year which was
required under the Civil Service law, at the time of his death and
there had been no children from the union. The MSPB did not address
petitioner's claims of discrimination on the grounds that they were so
vague and generalized. EEOC Regulations provide that the Commission has
jurisdiction over claims of discrimination raised in connection with an
action appealed to the MSPB. See 29 C.F.R. � 1614.302. Because the
MSPB did not address any matters within the Commission's jurisdiction,
the Commission denies consideration of the petition in this case.
STATEMENT OF PETITIONER'S RIGHTS
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 19, 2002
__________________
Date