0320090066
07-22-2009
Eddie Cheris, Petitioner, v. Hillary Rodham Clinton, Secretary, Department of State, Agency.
Eddie Cheris,
Petitioner,
v.
Hillary Rodham Clinton,
Secretary,
Department of State,
Agency.
Petition No. 0320090066
MSPB No. DC0752070195I1
DENIAL OF CONSIDERATION
On May 26, 2009, petitioner filed a petition with the Equal Employment
Opportunity Commission asking for review of a Final Order issued
by the Merit Systems Protection Board (MSPB) concerning his claim of
discrimination in violation of Section 501 of the Rehabilitation Act of
1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.
In an appeal to the MSPB, petitioner alleged that he was discriminated
against on the basis of disability when he was removed from his position
of Information Assistant. Petitioner was removed on the charges of failure
to comply with instructions and being absent without leave. On March 8,
2007, a MSPB Administrative Judge (AJ) issued an initial decision finding
no discrimination and upholding the removal. Petitioner petitioned the
full Board for review. On June 26, 2007, the Board denied his petition.
On May 26, 2009, petitioner filed the instant petition, seeking review of
the MSPB decision. Petitioner asserts he recently acquired information
concerning his cases and he became aware that "something with this case
went way off course from its original submittal." Petitioner also states
he recently learned his attorney had been disbarred.
The Commission notes that both of the Board's decisions gave petitioner
appeal rights to the Commission, including the requirement that he file
a petition for review within thirty days of his receipt of the MSPB
decision. Therefore in order to be considered timely, petitioner had to
file his petition with this Commission by no later than approximately
August 1, 2007. As noted, petitioner's petition for review was filed in
May 2009, almost two years later.
Petitioner has failed to offer sufficient reason for his delay. To that
extent the Commission notes that the record includes information that
as early as January 2007, petitioner was aware of problems with his
attorney, stated that the attorney had a drinking problem, and that he
"would be looking for another lawyer to handle the case." In any event,
the Commission's regulations have made it clear that petitioner is
at all times responsible for going forth with his case. 29 C.F.R. �
1614.605(e).
Accordingly, the Commission denies the petition for review as untimely
filed.
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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 22, 2009
__________________
Date
2
0320090066
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0320090066