0320110048
12-15-2011
Tamorah L. Chapman, Petitioner, v. Timothy F. Geithner, Secretary, Department of the Treasury (Internal Revenue Service), Agency.
Tamorah L. Chapman,
Petitioner,
v.
Timothy F. Geithner,
Secretary,
Department of the Treasury
(Internal Revenue Service),
Agency.
Petition No. 0320110048
MSPB No. DC-0752-09-0844-I-1
DISMISSAL OF PETITION
On September 6, 2011, 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 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.
BACKGROUND
At the time of events giving rise to the claims raised in this Petition,
Petitioner worked as an Internal Revenue Agent at the Agency’s
facility in Baileys Crossroads, Virginia. On September 9, 2009,
Petitioner appealed the Agency’s decision to remove her from the
position of Internal Revenue Agent, GS-512-13, effective August 14, 2009.
Petitioner alleged, in relevant part, that the removal was based on
reprisal for prior EEO activity.
A hearing was held and thereafter an MSPB Administrative Judge (AJ)
issued an initial decision on March 29, 2010. The AJ found, in relevant
part, that Petitioner failed to establish that she was retailed against
as alleged. Petitioner requested that the MSPB reconsider the AJ’s
determination. On July 26, 2011, the Board upheld the AJ’s findings.
Petitioner then filed the instant petition.
ANALYSIS AND FINDINGS
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. We note, however, on June 24, 2010, Petitioner filed
a civil action (identified as Civil Action No. 1:10-cv-01081) in the
United States District Court for the District of Columbia. The matter
was transferred to the U.S. District Court for the Eastern District of
Virginia and identified as 1:11cv1016. On October 14, 2010, Petitioner
submitted an amendment to her pending civil action. A complaint shall be
dismissed if it is also the basis of a pending civil action in a United
States District Court. See 29 C.F.R. § 1614.107(a)(3).
Dismissal is required under these circumstances so as to prevent
a Petitioner from simultaneously pursuing both administrative and
judicial remedies on the same matters, wasting resources, and creating
the potential for inconsistent or conflicting decisions, and in order
to grant due deference to the authority of the federal district court.
See Stromgren v. Dep’t of Veterans Affairs, EEOC Request No. 05891079
(May 7, 1990); Sandy v. Dep’t of Justice, EEOC Appeal No. 01893513
(Oct. 19, 1989); Kotwitz v. U.S. Postal Service, EEOC Request No. 05880114
(Oct. 25, 1998). After a review of both the original civil action and
the amendment, we find that the claims raised in the civil action are
identical to those raised in the instant matter.
Accordingly, Petitioner’s petition for review is hereby dismissed.
29 C.F.R. § 1614.409.
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
___12/15/11_______________
Date
2
032011-048
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0320110048