MSPB and Disability Discrimination: Agency’s failure to accommodate a federal employee can be sufficient to establish potential involuntary resignation
By Chris Attig | PermalinkJanuary 14th in Disability Discrimination, MSPB - Adverse Action Appeals (Performance and Discipline).
A recent decision of the Merit Systems Protection Board (MSPB) reinforced a 2009 ruling that a Federal employee’s allegations are adequate to justify a hearing when she alleges she was forced to resign because the agency refused to accommodate her disability by allowing her to telecommute.
Generally, a federal employee’s resignation is voluntary. However, a Federal employee appealing to the MSPB can allege that a resignation (or retirement) was involuntary. There are many basis for asserting involuntariness (misrepresentation, [...]

