June 2024 Federal Employment Law Training Group Newsletter
MSPB Report Reveals Familiar Results
Last month, MSPB released its annual report to Congress. As the Board has been plowing through its inherited case inventory – nearly 3,800 Petitions for Review – along with hundreds of new PFRs, some numbers remain remarkably consistent with Board statistics from the past few decades. In FY 23:
- Administrative judges (AJs) upheld agency actions 78% of the time.
- Over 55% of cases settled before a hearing or decision by an AJ.
- Over 48% of the PFRs decided by the Board members were adverse actions.
- About 3.75% of the PFRs decided were 432 performance actions.
- About 18% of the PFRs decided were Individual Right of Action appeals.
While the statistics are consistent, new cases have informed us about this Board’s view on evolving topics including excessive absence removals, Santos remands in 432 actions, and more. Stick with FELTG and we’ll keep you posted on all the most important updates.
In this months’ newsletter, we discuss the importance of nexus, requests for reasonable accommodation, cases involving rude employees, what supervisors should know about EEO reprisal, and what happens when an employee gets injured in the hotel fitness center while on work travel.
Take care,
Deborah J. Hopkins, FELTG President
As Wiley Always Said, ‘Nexus is NOT a Hair Product’
By Deborah J. Hopkins, June 10, 2024 I used this article’s headline in a recent training class on Advanced MSPB Law: Navigating Complex Issues (next held July 9-11). It was a favorite used by FELTG Founder Bill Wiley when explaining the nexus requirement in agency...
The Good News: Reasonable Accommodation Requests Should Not Be Scary
By Ann Modlin Boehm, June 10, 2024 Many supervisors panic when an employee requests a reasonable accommodation because of a disability. It does not need to be that way. Understanding the basics of the reasonable accommodation interactive process can help all involved...
When All Yell Breaks Loose: Rude Behavior and Discipline
By Dan Gephart, June 10, 2024 On my morning coffee runs to Wawa, I drive by a pedestrian crosswalk and navigate a hectic parking lot that resembles a Richard Scarry book. This daily caffeine quest often reminds me there are two kinds of people in this world. There’s...
A Supervisor’s Negative Comments About EEO = Reprisal EVERY TIME
By Deborah J. Hopkins, June 10, 2024 It is absolutely critical for Federal supervisors and managers to understand that engaging in protected EEO activity is a right for all Federal employees, regardless of the outcome of such activity. Throughout my years in the...
After Going Through Legal Hoops, Fed’s Worker Comp Case Rebounds
By Frank Ferreri, June 10, 2024 Anyone who’s hooped it up on the hardwood or the playgrounds for years and years has probably felt the aches and pains that come with being a middle-aged baller. For a 57-year-old airway transportation systems specialist, however, a...