03a40017
12-04-2003
George Szejner, Petitioner, v. Paul A. Quander, Jr., Director, Court Services and Offender Supervision Agency, Agency.
George Szejner v. Court Services and Offender Supervision Agency
03A40017
December 4, 2003
.
George Szejner,
Petitioner,
v.
Paul A. Quander, Jr.,
Director,
Court Services and Offender Supervision Agency,
Agency.
Petition No. 03A40017
MSPB No. DC-0752-02-0594-I-1
DECISION
On October 11, 2003, 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 his
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
the Age Discrimination in Employment Act of 1967 (ADEA), as amended,
29 U.S.C. � 621 et seq.<1> For the following reasons, the Commission
concurs with the decision of the Board.
The issue presented herein is whether the Board's determination that
petitioner failed to prove the agency discriminated against him on the
bases of race (White), national origin (American), age (sixty one),
and reprisal for prior EEO activity when he was terminated on May 21,
2002, constitutes a correct interpretation of the applicable laws, rules,
regulations, and policy directives, and is supported by the record as
a whole.
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 and for the foregoing reasons,
it is the decision of the Commission to concur with the final decision
of the MSPB finding no discrimination. 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
December 4, 2003
__________________
Date
1Petitioner requests that we consolidate this petition with an appeal that
he has pending before the Commission. However, because our disposition
of petitions and appeals accord individuals different rights, we decline
petitioner's request.