Politics Have Been Ugly for Generations

 

Did you know the modern, merit-based civil service system is the direct result of a Presidential assassination? In 1881, President James Garfield was assassinated by an individual who thought he deserved a job in the Federal government, but was denied a position. Federal employment at that time was a “spoils system,” which meant that the political party in power gave public offices to its supporters, so most Federal jobs were not based on merit.

As a result of the assassination (and, as the story goes, in President Garfield’s memory) President Chester Arthur signed into law the Pendleton Civil Service Reform Act on January 16, 1883, which among other things created the Civil Service Commission (the MSPB’s predecessor) and made it illegal to fire Federal employees because of their political activity. At least something good came out of a very hard time in our country’s history – and hopefully some good comes out of these challenging political times we’re enduring now.

In this month’s newsletter, we discuss Douglas factors 2 and 5, workplace intoxication and its impact on workers’ compensation claims, EEO reprisal challenges, accommodating stroke victims, and more.

Take care,

Deborah J. Hopkins, FELTG President

A New Aggravating Job Type Under Douglas Factor 2

A brand-new precedential MSPB decision has led me to ask FELTG readers: What charge would you draft, and what penalty would you assess, in this case? ...

The Good News: Douglas Factor 5 is Your Chance to Tell the Story

Anyone who has taken my training or read my articles knows how much I like the Douglas factors, established by the Merit Systems Protection Board (MSP...

Can Agencies Drug Test Injured Workers?

Let's say an employee who is going about her business on the job slips and falls, resulting in an injury for which she files a claim for workers’ co...

EEO Reprisal is (Unfortunately) Alive and Well

Reprisal, or retaliation, is alleged in about half of all EEO complaints. It is the most common basis of discrimination in findings against agencies. ...

Weingarten and Performance Counseling Don’t Mix

Last month, my colleague Ann Boehm wrote a great article The Good News: With Weingarten, The Law Is Enough. I cheered as she discussed the various ele...