United States Federal Circuit

In a discrimination case arising from petitioner's removal from her position as a Public Health Advisor for failing to accept a directed reassignment from Honolulu to Atlanta, dismissal as untimely of her appeal from a final agency decision is reversed where petitioner never received notice of her appeal rights as required by EEOC regulations, and she thus had good cause for filing an appeal late with the MSPB.

Appellate Information

• Decided 03/13/2007
• Published 03/13/2007

Judges

• PROST, Circuit Judge., Before MICHEL, Chief Judge, DYK and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William Tagupa, of Honolulu, HI, argued for petitioner.


• For Appellees:
  
• Raymond W. Angelo, Attorney, Office of the General Counsel, United States Merit Systems Protection Board, of Washington, DC, argued for respondent.   With him on the brief were Martha B. Schneider, General Counsel, and Rosa M. Koppel, Deputy General Counsel.   Of counsel was Joyce G. Friedman.   Also of counsel were David M. Cohen, Director and Franklin E. White, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.