Federal Employees: Will the ADA Amendments Act affect OPM Disability Retirement claims?

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March 21st in Federal Disability Retirement, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

A thought occurred to me recently, and I thought I’d post my initial conclusion here – I’m sure I will post more on this topic as my thought and case law develops.Effective January 1, 2009, the Americans with Disabilities Amendment Act went into effect. The changes in the amendment are substantial – without going into too much detail here, the Act restores the original intent of the ADA: to remove the barriers that disabled employees face in the workplace.

The [...]

MSPB: Finding of Disability Discrimination and a Return to work for our client, a DHS employee.

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March 14th in Federal Disability Retirement, General Federal Employment Law Posts, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

We received word yesterday that another client, an employee of the Dept. of Homeland Security, prevailed in her MSPB Appeal.

Our client was injured on the job around 1999-2000. She recovered from that injury and asked the Agency to accommodate some of her remaining limitations. Because the limitations did not affect her performance of her essential job functions, the Agency accommodated [...]

Another Attig Law Firm client successful in Catch-62 appeal

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March 13th in Catch 62 Appeals (Military Service Credit Deposit), Our Clients Wins.

Another Attig Law Firm client has been successful in his Catch 62 appeal to the MSPB! Earlier this month, the Office of Personnel Management (OPM) withdrew its decision reducing our client’s civil service annuity. OPM had previously reduced the annuity because it claimed that our clientfailed to make the military service credit deposit prior to his retirement.

Our client retired as a federal employee and began collecting a civil service annuity in the early 1990’s. [...]

EEOC: AJ Issues Notice of Intent to Find Disability Discrimination

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March 9th in MSPB - Adverse Action Appeals (Performance and Discipline).

A client of the Attig Law Firm learned yesterday that the Administrative Judge in his EEOC Hearing intended to issue a finding of disability discrimination against the Agency.

Because the case is still pending, and because a beneficial settlement agreement may still be possible for our client, the names of the Agency and other non-material facts have been withheld, removed or altered to protect confidentiality and privacy.

Our client was an aircraft electrician who had applied for a quasi-supervisory [...]

EEOC: AJ Issues Finding of Discrimination as Sanction Against Agency.

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March 4th in Federal Employee News, MSPB - Adverse Action Appeals (Performance and Discipline).

A client of the Attig Law Firm recently learned that an Administrative Judge of the EEOC was issuing a “Default Judgment” and finding of sexual harassment discriminaation against a Federal Agency.

The Default Judgment is a sanction for the Agency’s repeated failure, over approximately 2.5 months, to respond to the Administrative Judge’s Order to provide a copy of the Investigative File.Because the case is still ongoing, the details will not be provided here.

The Administrative Judge has indicated [...]