0320140065
03-27-2015
Petitioner, v. Carolyn W. Colvin, Acting Commissioner, Social Security Administration, Agency.
Petitioner,
v.
Carolyn W. Colvin,
Acting Commissioner,
Social Security Administration,
Agency.
Petition No. 0320140065
MSPB No. CB-7121-14-0007-V-1
Petitioner filed a petition with the Equal Employment Opportunity Commission (the Commission) for review of the Final Order of the Merit Systems Protection Board (MSPB or Board) issued July 9, 2014, concerning her claim that the Agency discriminated against her in violation of Section 501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. � 791 et seq., with regard to her removal. Among other determinations, the MSPB found that Petitioner submitted "[n]o evidence or argument to meet her burden of proving illegal discrimination."1
EEOC Regulations provide that the Commission has jurisdiction over mixed cases 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 an incorrect interpretation of any applicable law, rule, regulation or policy directive, or is not 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 order 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, upon review of the factual determinations set forth in the arbitration decision, is supported by the evidence in the record as a whole.
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 (Z0610)
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
__3/27/15________________
Date
1 The MSPB's decision noted that Petitioner was removed on April 7, 2010 from her position as a Senior Case Technician. Petitioner filed a grievance that subsequently resulted in a hearing and an arbitration decision dated July 13, 2011, which upheld Petitioner's removal. Although Petitioner did not allege discrimination during the grievance/arbitration process, the MSPB gave her the opportunity to supplement the record after she filed a petition with the MSPB to review the arbitration decision. According to the MSPB, Petitioner "[d]id not respond and filed no additional pleadings before the record closed on April 18, 2014."
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0320140065
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0320140065