03A20037
09-23-2002
Phillip D. Wilson, Petitioner, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
Phillip D. Wilson v. Department of the Air Force
03A20037
September 23, 2002
.
Phillip D. Wilson,
Petitioner,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Petition No. 03A20037
MSPB No. DA-0752-01-0595-I-1
DECISION
The petitioner filed a timely petition with the Equal Employment
Opportunity Commission asking for review of an initial decision of the
Merit Systems Protection Board (MSPB) which became final on February 26,
2002, 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 Section 501 of the Rehabilitation Act of 1973 (Rehabilitation
Act), as amended, 29 U.S.C. � 791 et seq. The petitioner claims he
was discriminated against based on disability (depression, paranoia,
stress and anxiety) and reprisal (EEO activity under Title VII and the
Rehabilitation Act) when effective July 28, 2000, he was�separated for
disability,� i.e., not being able to perform his position for medical
reasons. The MSPB upheld the removal and found no discrimination.
EEOC Regulations provide that the Commission has jurisdiction over
mixed case appeals on which the MSPB has issued a decision that makes
determinations on claims of discrimination. 29 C.F.R. � 1614.303 et seq.
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 because its ultimate finding of no
discrimination is supported by the evidence in the record as a whole.<1>
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
September 23, 2002
__________________
Date
1In reaching this decision the Commission assumed, without finding,
that the petitioner is an individual with a disability.