0320090040
03-20-2009
Lawrence V. Wilder, Petitioner, v. Christopher Scolese, Acting Administrator, National Aeronautics and Space Administration, Agency.
Lawrence V. Wilder,
Petitioner,
v.
Christopher Scolese,
Acting Administrator,
National Aeronautics and Space Administration,
Agency.
Petition No. 0320090040
MSPB No. DC-3443-0535-I-1
DECISION
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 Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq.
Petitioner alleged that he was discriminated against based on his race,
color, sex, and religion (African American male, medium dark complexion,
perceived to lack religious belief) regarding his resignation [effective
April 1, 1988], which he contended was a constructive discharge;
his personnel records thus being erroneous; and he believed he was in
the wrong retirement system. The MSPB's initial decision found that
petitioner's appeal of his alleged involuntary resignation was untimely
filed. It found that he previously litigated the remaining claims in
prior appeals, and hence dismissed them. Petitioner filed a petition
for review of the initial decision, which the Board's final order denied.
Neither the initial decision nor the final order gave petitioner appeal
rights to the Commission. Nevertheless, petitioner filed a petition
for review with the Commission.
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 MSPB made no determinations on allegations of discrimination.
In light of this, we deny his petition for review.
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
__________________
Date
March 20, 2009
2
0320090040
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0320090040