0320060128
10-26-2006
Patricia Crepeau, Petitioner, v. Elaine Chao, Secretary, Department of Labor, Agency.
Patricia Crepeau,
Petitioner,
v.
Elaine Chao,
Secretary,
Department of Labor,
Agency.
Petition No. 03200601281
MSPB No. DC0752060204I1
DECISION
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 her 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, a GS-11 Human Resources Specialist, alleged that she was
discriminated against on the bases of race (Caucasian) and sex (female)
when she was suspended for 15 days. Petitioner was suspended for engaging
in oral altercations with other employees, disrupting the office, and
failure to follow a supervisor's instructions. Petitioner appealed
the suspension to the MSPB and a hearing was held. Thereafter an
MSPB Administrative Judge (AJ) issued an initial decision finding no
discrimination. The AJ found that the agency proved all three of the
charges against petitioner. The AJ also found that petitioner failed
to identify a person who was similarly situated to her or that she
was treated differently because of her sex or race. The AJ also found
that a suspension of 15 days was reasonable for the sustained charges.
Petitioner sought review by the full Board, but her petition was denied.
Petitioner then filed the instant petition with the Commission.
Petitioner makes many of the same arguments that she made before the
Board and submits some of the documents already in the file.
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, 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
October 26, 2006
__________________
Date
1 Due to a new Commission data system, this case has been re-designated
with the above-referenced petition number.
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2
0320060128
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036