Both the MSPB and the EEOC afford Appellants (or Complainants) the opportunity to pursue discovery.   While the timelines and the amounts of discovery allowed are quite different, the basic ideas of what discovery is and how it should be used are very similar.

There are six (6) primary types of discovery in litigation in the United States (click on the links for the particular type of discovery you want to read about:
Requests for Admission (Click on link to read more [...]

Attorney Chris Attig, an attorney with experience before the Merit Systems Protection Board (MSPB), discusses how the Administrative Judge considers the credibility of witnesses at an MSPB hearing.

Both the MSPB and the EEOC afford Appellants (or Complainants) the opportunity to pursue discovery.   While the timelines and the amounts of discovery allowed are quite different, the basic ideas of what discovery is and how it should be used are very similar.

There are six (6) primary types of discovery in litigation in the U.S (click [...]

This post is part of a continuing series describing the general discovery tools available to Federal Employees who are Appellants before the Merit Systems Protection Board (MSPB) and/or Complainants before the Equal Employment Opportunity Commission (EEOC). Both the MSPB and the EEOC afford Appellants (or Complainants) the opportunity to pursue discovery.  While the timelines and the amounts of discovery allowed are quite different, the basic ideas of what discovery is and how it should be used are very similar.

There are [...]

Both the MSPB and the EEOC afford Appellants (or Complainants) the opportunity to pursue discovery.   While the timelines and the amounts of discovery allowed are quite different, the basic ideas of what discovery is and how it should be used are very similar.

Discovery is a very important part of your case.  In an EEO case, you [...]

We have been getting an increasing number of calls over the last year about firefighters in the Federal Government being denied retirement credits for time served as a firefighter.  Here are the rules, and how it works.

If you are reading this, then you know that Federal employees [...]

Your managers have training on Employment Law, why don’t the workers?

Mr. Attig is founder of the Attig Law Firm, a Firm that regularly represents Federal Employees before the EEOC, MSPB, OWCP, OPM and OWCP.  Clients, potential clients, and various employee organizations have commented on how helpful Mr. Attig’s straightforward and candid explanations of Federal Employment laws, processes, and forums have been to them.

Mr. Attig is available to come to your organization, union, workplace, or association to speak and/or train your [...]

Probationary employees generally have no right of appeal to the Merit Systems Protection Board (MSPB).   If, however, the Federal Employee on a probationary period can raise a nonfrivolous allegation that the termination was due to marital status discrimination or partisan political reasons, they will typically be afforded an MSPB appeal and/or hearing. See Von Deneen v. Department of Transportation, 33 M.S.P.R. 420, 422, aff’d, 837 F.2d 1098 (Fed. [...]

Three words of caution.  First, this is a really long post.  Please read it carefully and frequently for a better understanding of this topic. Second, understand that this is a very high level summary of damages for discrimination claims.  Entire law school classes are spent teaching how to classify and prove damages.  Third, understanding damages for discrimination claims requires a lot of research, study, and contemplation.  All this post is going to do is debunk some of the myths of [...]

Generally speaking, if an Agency discriminates against a federal employee on the basis of failure to accommodate a disability under the Americans with Disabilities Act, Rehabilitation Act, and/or the Americans with Disabilities Amendments Act, the federal employee will have the opportunity to seek compensatory damages.