0320070122
10-23-2007
Susan Moresi, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Susan Moresi,
Petitioner,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Petition No. 0320070122
MSPB No. AT0752060823I1
DECISION
Petitioner filed a timely 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.
Petitioner alleged that she was discriminated against on the basis
of reprisal for prior protected EEO activity under Title VII of the
Civil Rights Act of 1964 when she was demoted, effective September 17,
2005, from her position of Contract Transportation Specialist, EAS-19,
with the Southeast Processing and Distribution Center, to the position
of Networks Specialist, EAS-16, with the Bulk Mail Center in Memphis,
Tennessee. The record shows that the agency had initially proposed to
remove petitioner from her position based on charges arising out of two
incidents that occurred in June 2005. Specifically, the agency alleged
that, on June 10, 2005, petitioner stepped back in an attempt to make
physical contact with a co-worker she did not get along with, and on June
14, 2005, lowered her shoulder and physically pushed the same co-worker
into the filing cabinets. Agency management later changed the proposed
removal to a demotion and reassignment to another location.
Petitioner filed a mixed case complaint and the agency issued a decision
finding that petitioner was not discriminated against as alleged.
Thereafter, petitioner filed an appeal with the MSPB and a MSPB AJ
issued a decision, making specific credibility findings based on the
testimony presented and upholding the agency's demotion decision. The AJ
also concluded that petitioner failed to support her reprisal claims by a
preponderance of the evidence. Petitioner sought review by the full Board,
which denied her petition. Petitioner then filed the instant petition.
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. The Commission must determine whether the decision of
the MSPB with respect to the allegation of discrimination constitutes a
correct interpretation of any applicable law, rule, regulation or policy
directive, and is supported by the evidence in the record as a whole.
29 C.F.R. � 1614.305(c).
Based upon a thorough review of the record, it is the decision of
the Commission to concur with the final decision of the MSPB finding
no discrimination. The Commission finds that the MSPB's decision
constitutes a correct interpretation of the laws, rules, regulations,
and policies governing this matter and is supported by the evidence in
the record as a whole.
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
October 23, 2007
__________________
Date
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0320070122
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
0320070122