Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

November 2016 Archives

PASSMAN & KAPLAN FOUNDING PRINCIPAL JOSEPH V. KAPLAN SPEAKING AT FEDERAL CIRCUIT BAR ASSOCIATION WEBINAR

Passman & Kaplan Founding Principal Joseph V. Kaplan will appear as a panelist on a webinar on December 1, 2016, at 1:00pm Eastern. The webinar, "30 Tips in 60 Minutes," will be presented by the Federal Circuit Bar Association, and will cover practice tips for practice before the Merit Systems Protection Board and the U.S. Court of Appeals for the Federal Circuit. 

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.

MSPB EXPANDS CONSTRUCTIVE SUSPENSION CASE LAW IN P&K CASE

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 reversed the administrative judge's dismissal decision below, reinstating Ms. Thomas' appeal. Ms. Thomas claimed that the Agency had 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 on those days would violate her doctor's orders. The Board found that Ms. Thomas had made a non-frivolous allegation that the Agency's actions denied her a meaningful choice on whether or not to take the LWOP, thus constituting a possible constructive suspension. This decision expands the circumstances recognized in Board precedent for constructive suspension claims. Ms. Thomas was represented by Passman & Kaplan Founding Principal Edward H. Passman and Passman & Kaplan Associate Erik D. Snyder. 

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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