This week Peter Broida discusses several cases from the MSPB and EEOC:
MSPB
- Mann v. Dept. of Navy, SF-0752-11-0736-C-1 (June 24, 2014): need for evidence, not just representatives' statements, to form the basis for initial decisions in compliance cases reviewing allegations of violations of settlement agreements.
- Abbott v. US Postal Service, 2014 MSPB 47 (June 23, 2014): the Board establishes a clear statement of what constitutes enforced leave as an adverse action indisputably within the Board's jurisdiction, distinguished from constructive suspensions, where proof jurisdiction must be established by the appellant's preponderant evidence.
EEOC
- Complainant v. Hagel, 0120084008 (June 6, 2014): EEOC makes clear that agency representatives are not be involved in or interfere, intentionally or otherwise, in the development of evidence by an investigator prior to the case going to a hearing. Sanctions were imposed based on the conduct of counsel.
