0320070091
09-13-2007
Yolanda Gibson-Michaels, Petitioner, v. Sheila C. Bair, Chairman, Federal Deposit Insurance Corporation, Agency.
Yolanda Gibson-Michaels,
Petitioner,
v.
Sheila C. Bair,
Chairman,
Federal Deposit Insurance Corporation,
Agency.
Petition No. 0320070091
MSPB No. DC-0752-05-0633-C-1
DENIAL OF CONSIDERATION
On March 9, 2007, petitioner filed a petition with the Equal Employment
Opportunity Commission asking for review of an Initial Decision by an
Administrative Judge (AJ) with the Merit Systems Protection Board (MSPB)
concerning her claim of constructive discharge.
The record indicates that petitioner alleged that she was constructively
discharged and raised the issue with the Office of Special Counsel (OSC).
Petitioner and the agency entered into a settlement agreement regarding
the removal action. However, the OSC determined that the agency failed to
provide petitioner her rights under the Older Workers' Benefit Protection
Act of 1990. As a result, petitioner was given the option to cancel
the settlement agreement which she elected to do. The agency advised
petitioner that it would not cancel the settlement agreement. Petitioner
then raised the matter with the OSC and appealed to the MSPB.
The MSPB AJ issued a decision. The Initial Decision did not address a
claim of unlawful discrimination. The Initial Decision ordered that the
agency cancel petitioner's resignation and reinstate her. The MSPB AJ
provided petitioner with appeal rights to the Board and to the United
States Court of Appeals for the Federal Circuit. The Initial Decision
did not provide appeal rights for petitioner to file with the EEOC.
Petitioner contacted the EEOC seeking assistance in obtaining "equitable
relief." Petitioner explained that she had "exhausted all of her
administrative remedies" and asked that the EEOC enforce relief for the
agency's wrong doing. Petitioner also notes that she did not file a civil
action with the United States Court of Appeals for the Federal Circuit.
She provided the Commission with a copy of her motion to withdraw her
civil action with the United States Court of Appeals for the Federal
Circuit which was granted on June 5, 2007.
EEOC Regulations provide that the Commission has jurisdiction over
mixed case 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, petitioner is seeking the Commission to provide
her with "equitable remedy." However, in the case at hand, the MSPB
did not address any matters within the Commission's jurisdiction.
Furthermore, petitioner was provided with appeal rights to the Board
and the United States Court of Appeals for the Federal Circuit, not the
EEOC. The Commission has no jurisdiction to review petitioner's case.
Consequently, the Commission denies the petition for review.
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 13, 2007
__________________
Date
2
0320070091
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0320070091