0320160056
08-17-2016
Sherill S.,1 Petitioner, v. Ashton B. Carter, Secretary, Department of Defense (Defense Health Agency), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Sherill S.,1
Petitioner,
v.
Ashton B. Carter,
Secretary,
Department of Defense
(Defense Health Agency),
Agency.
Petition No. 0320160056
MSPB No. DC-0752-13-0457-C-1
DENIAL OF CONSIDERATION
Petitioner filed a petition with the Equal Employment Opportunity Commission (Commission) seeking review of a final decision issued by the Merit Systems Protection Board (MSPB) concerning her appeal. According to the record, Petitioner, filed an appeal from the Agency's action removing her from the position of Pharmacist, GS-0660-12, effective March 5, 2013. On March 31, 2014, the parties entered into a settlement agreement that resolved the matter. The appeal, therefore, was dismissed as settled in a decision that was issued on April 1, 2014. Thereafter, on September 30, 2014, Petitioner filed a Petition for Enforcement (PFE) with regard to the settlement agreement. On January 16, 2016, the MSPB issued an initial decision that found, in pertinent part, that the Agency was in compliance with the settlement agreement. The PFE was therefore denied. Petitioner sought to have the initial decision reversed by the Full Board, but, in a decision dated July 15, 2016, the initial decision was affirmed. The instant petition followed.
EEOC Regulations provide that the Commission has jurisdiction over mixed case appeals and complaints on which the MSPB has issued a decision that makes determinations on allegations of discrimination. 29 C.F.R. � 1614.303 et seq. Here, the MSPB found that the Agency was in compliance with a settlement agreement that resolved Petitioner's discrimination claims. The Commission has no jurisdiction over these types of procedural determinations by the MSPB. Because the MSPB's decision did not address any matters within the Commission's jurisdiction, the Commission has nothing to review in this matter. Consequently, the Commission will DENY consideration of the petition for review.
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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
__8/17/16________________
Date
1 This case has been randomly assigned a pseudonym which will replace Petitioner's name when the decision is published to non-parties and the Commission's website.
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