Dotty C.,1 Petitioner,v.Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity Commission

Jan 15, 2020

2020001668 (E.E.O.C. Jan. 15, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Dotty C.,1 Petitioner, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency. Petition No. 2020001668 MSPB No. DE-3330-11-0340-I-1 DENIAL OF CONSIDERATION On November 26, 2019, Petitioner filed a petition with the Equal Employment Opportunity Commission asking for review of a final decision issued by the Merit Systems Protection Board (MSPB) on August 26, 2011. For the reasons set forth in this decision, Petitioner’s request is DENIED. BACKGROUND On May 2, 2011, Petitioner filed an appeal with the MSPB alleging violations of the Veterans Employment Opportunities Act of 1998 (VEOA). Specifically, Petitioner alleged that the Agency violated her veterans’ preference rights in its hiring process for a position. On August 26, 2011, an MSPB Administrative Judge issued a final decision that found that Petitioner did not establish that there was a violation of her rights under the VEOA because Petitioner did not meet a requirement for appointment to the position. With respect to her current petition to the EEOC, Petitioner stated that “this is a request to review the MSPB decision . . . .” ANALYSIS AND FINDINGS 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. 1 This case has been randomly assigned a pseudonym which will replace Petitioner’s name when the decision is published to non-parties and the Commission’s website. 2020001668 2 The Commission must determine whether the decision of the MSPB with respect to the allegations 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). In the present case, however, we find that the Commission has no jurisdiction in this matter because the MSPB has not addressed an allegation of discrimination for which the Commission has jurisdiction. The Commission has repeatedly held that, to the extent that a claim is based on veterans’ status or preference, it does not come within the purview of the 29 C.F.R. Part 1614 EEO complaint process. Chaves v. EEOC, EEOC Petition No. 0320100050 (May 9, 2011); Rowe v. Department of Commerce, EEOC Appeal No. 0120073252 (October 11, 2007); Devereux v. United States Postal Service, EEOC Request No. 05960869 (April 24, 1997). Accordingly, we DENY consideration of this petition, and find that EEOC Petition No. 2020001668 is hereby closed.2 PETITIONER’S RIGHT TO FILE A CIVIL ACTION (W0610) 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 (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. 2 Because we find that we have no jurisdiction over this matter, we do not find it necessary to address the timeliness of Petitioner’s petition. 2020001668 3 Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations January 15, 2020 Date