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Petitioner v. Jewell , 2014 EEOPUB LEXIS 1929; 115 FEOR (LRP) 31; EEOC (IHS) 320110050

Petitioner v. Jewell , 2014 EEOPUB LEXIS 1929; 115 FEOR (LRP) 31; EEOC (IHS) 320110050

U.S. Equal Employment Opportunity Commission

July 16, 2014

MSPB Nos. AT-0752-09-0860-I-1, AT-0752-09-0860-B-2,Petition No. 0320110050

Opinion

DECISION

On September 13, 2011, 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. For the reasons stated below, we DIFFER with the MSPB's final order, which found no discrimination.

ISSUE PRESENTED

The EEOC found a supervisor had engaged in a discriminatory pattern of escalating adverse treatment towards Petitioner from 2006 to 2007, including suspending her for 10 days on August 13, 2007. In 2009, this same supervisor removed Petitioner, based in part on the supervisor's previous disciplinary actions against Petitioner, including the August 13, 2007 10-day suspension. The MSPB determined that the removal was not related to the supervisor's preceding discriminatory conduct and found no discrimination. The issue presented in this decision is whether the MSPB's decision is  [*2]  supported by the evidence in the record as a whole, which includes the evidence and findings from the EEOC case?

BACKGROUND

Petitioner (African-American) worked as a Fiscal Officer, GS-11, at the Southeast Regional Office of the National Park Service in Atlanta, Georgia. She received the highest performance ratings before a new Southeastern Regional Controller (Caucasian) became her first-level supervisor in November 2005. [TEXT REDACTED BY THE COURT] v. Dep't of Interior, EEOC Hearing No. 410-2009-00062X (Aug. 24, 2010), Dec. 16, 2009 Hearing Transcript (Tr.), at 57. During the supervisor's tenure at the Agency, several African-American employees, including Petitioner, complained about the supervisor's treatment and demeanor towards them.

Supervisor's Conduct During Weekly Staff Meetings

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 2014 EEOPUB LEXIS 1929 *;  115 FEOR (LRP) 31;  EEOC (IHS) 320110050

[TEXT REDACTED BY THE COURT], Petitioner, v. Sally Jewell, Secretary, Department of the Interior (National Park Service), Agency

  

Subsequent History:

Adopted by, Remanded by Davis v. DOI, 121 M.S.P.R. 438, 2014 MSPB LEXIS 5497 (Aug. 15, 2014)

Prior History:

Davis v. DOI, 2011 MSPB LEXIS 4285 (M.S.P.B., July 11, 2011)

Davis v. DOI, 2010 M.S.P.B. 161, 114 M.S.P.R. 527, 2010 MSPB LEXIS 4551 (Aug. 5, 2010)

CORE TERMS

removal, harassment, mosaic, suspension, discriminatory, retaliation, convincing, first-level, directives, discipline, reprisal, sex, circumstantial evidence, retaliatory, analyst, budget, cases, mixed, disciplinary action, adverse action, suspending, employees, closeout, demotion, causal, requests, pieces, bases, staff meeting, white male