House subcommittee on Health, Education, Labor and Pension held a hearing on the Employment Non-Discrimination Act ( ENDA ) on Sept. 5, 2007. ENDA would, among other things, prohibit discrimination based on sexual orientation.

Currently, Federal employees who are also members of the GLBT community may not challenge sexual orientation discrimination unless it is connected to an action that is appealable to the Merit Systems Protection Board (MSPB). This is more than private sector employees who are [...]

Once again, we read another story about a Federal employee who raised concerns about her Agency’s practices, and shortly thereafter finds herself without a job. At some point, but probably not before there is a new presidential administration that respects civil service, we hope that Congress will take action and improve protections against Federal whistleblowers. Click here to read the story.
This particular employee – a 29-year veteran of the Forest Service – was transferred just days after [...]

The U.S. House of Representatives is scheduled to vote soon on the Employment Non-discrimination Act (ENDA) . The current version of the bill, introduced in April 2007, will include gender and sexual orientation as distinct basis for protected group status. We’ll keep you posted on the vote on our Blog as we learn more about it.

Currently, discrimination based on sexual orientation may be a prohibited personnel practice in the federal government employment context. The MSPB has found that it [...]

An Agency may take action based on performance in two ways – as a performance issue under 5 CFR Part 432 or a conduct issue under 5 C.F.R. Part 752. Before taking a performance action under 5 CFR Part 432, the Agency must allow the Federal employee a reasonable opportunity to improve his or her performance. This period, commonly known as a “PIP”, is also known as an improvement period, opportunity period, or other similar names.

There are, generally, [...]

In EEO Complaints stemming from an employee’s lowered appraisal, government attorneys often try to argue that when an appraisal is lowered, but still satisfactory, there is no adverse action. The case of Maurya Green may have put a dent in that argument. Green v. National Science Foundation, EEOC No. 01A33221 (February 16, 2006).

In early 2002, Ms. Green received an annual appraisal. This year, a temporary supervisor lowered the overall rating recommended by her regular supervisor from “Very Good-High” [...]

We got another call today from a federal retiree on an issue that is appearing more and more frequently.

The issue is the effect on a retiree’s retirement annuity if they don’t “buy-in” their post-1956 military service credits into their CSRS/FERS retirement.

Here’s how it works. A federal employee who retires after September 7, 1982 is entitled to receive credit, under both the CSRS and Social Security, for any active duty military service performed [...]

In an August 22, 2007, decision, the Office of Federal Operations (OFO) of the Equal Employment Opportunity Commission (EEOC) found the USPS liable for failure to reasonably accommodate. Bratsch v. U.S.P.S., EEOC Appeal No. 0120071942 (August 22, 2007).

The OFO ordered the Agency to pay $8,000.00 in non-compensatory pecuniary damages. (The OFO adjudicates appeals of Federal Agency decisions on discrimination complaints, and also ensures Agency compliance with decisions based on those appeals.)

Hear what the Son of George Bush’s V.P. said about the Iraq War in 1994:

http://www.youtube.com/watch?v=YENbElb5-xY

Absolutely amazing – what changed his opinion? Could it possibly have been the substantial financial interest he held (holds?) in Halliburton?

On August 30, 2007, the Federal Circuit Court of Appeals issued a ruling that reiterates the standard of review the MSPB must utilize when reviewing the revocation of a security clearance in connection with an appealable action. You can read the decision by clicking here.

The standard, in a nutshell, is that the MSPB may only review the decision to revoke the security clearance to ensure that the employee received minimum due process (this isn’t much at all). The [...]