0320090034
03-26-2009
Terri D. Parker, Petitioner, v. L. Ralph Mecham, Director, Administrative Office of the U.S. Courts Agency.
Terri D. Parker,
Petitioner,
v.
L. Ralph Mecham,
Director,
Administrative Office of the U.S. Courts
Agency.
Petition No. 0320090034
MSPB No. DC0432080694I1
DENIAL OF CONSIDERATION
On February 13, 2009, petitioner filed a petition with the Equal
Employment Opportunity Commission asking for review of a decision issued
by the Merit Systems Protection Board (MSPB) concerning her claim of
discrimination in violation of Section 501 of the Rehabilitation Act of
1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.
Petitioner alleged that she was discriminated against on the basis
of disability when she was removed from her position of Information
Technology Specialist, PB-2D, for unsatisfactory performance.
Petitioner appealed her removal to the MSPB. Following a hearing, a MSPB
Administrative Judge issued a decision upholding the removal and finding
that petitioner was not discriminated against as alleged. Petitioner did
not appeal the December 9, 2008 initial decision to the full Board, so the
initial decision became the Board's final decision on January 13, 2009.
A review of the Board's decision reveals that the MSPB properly advised
petitioner that she had thirty (30) calendar days after the initial
decision became final to file a petition for review with the Commission.
Therefore in order to be considered timely, petitioner had to file
her petition by no later than Thursday, February 12, 2009. Petitioner's
petition for review is postmarked February 13, 2009. Petitioner offered no
reason for her delay in filing her petition. Consequently the Commission
denies the petition for review. 29 C.F.R. � 1614.303(c).
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0408)
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 (Z1008)
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
March 26, 2009
__________________
Date
2
0320090034
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0320090034