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November 2016 Archives

Developments at the MSPB: (b)(9) Prohibited Personnel Practices

Developments at the MSPB:  According to a recently-issued Government Accountability Office (GAO) report, officials of the Merit Systems Protection Board (MSPB) advised GAO that  "there have been fewer than 10 IRA appeals filed since the start of fiscal year 2013 in which only a section 2302(b)(9) claim is raised."  To help educate federal employees on some of the protections available to them under current law, Passman & Kaplan offers the following summary on what claims (b)(9) covers.

Developments at the MSPB: EEO Damages Authority Affirmed

Developments at the MSPB:  On November 18, 2016, the Merit Systems Protection Board issued its decision in Hess v. U.S. Postal Service, 2016 MSPB 40.   The Board affirmed its authority to award compensatory damages in mixed cases where discrimination is alleged.

Developments at the MSPB: MSPB Constructive Suspension Decision

Developments at the MSPB: On September 27, 2016, the Merit Systems Protection Board (Board) issued a precedential decision in Thomas v. Dept. of the Navy, 2016 MSPB 34. The Board reinstated Appellant Stephanie Thomas' dismissed constructive suspension appeal. Ms. Thomas claimed that the Agency compelled her to take 3 days/week of leave without pay (LWOP) because it had denied her reasonable accommodation request for telework, and reporting to her workplace would violate her doctor's orders. The Board found that Ms. Thomas had made a nonfrivolous allegation of constructive suspension. This decision expands the circumstances recognized in Board precedent for constructive suspension claims.

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