shaw bransford & roth case law update

MSPB: “Convincing Mosaic” Not a Legal Requirement for Proof of Discrimination

The Merit Systems Protection Board (“MSPB”) clarified the legal requirements for proving an affirmative defense of EEO discrimination after the U.S. Court of Appeals for the Seventh Circuit affirmed that its use of the phrase “convincing mosaic,” considered a type of circumstantial evidence, was meant to be a metaphor, rather than a legal test.

Posted in Case Law Update

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shaw bransford & roth case law update

MSPB Overrules Three Prior Decisions

A former employee’s second Uniformed Services Employment and Reemployment Rights Act (“USERRA”) appeal regarding an alleged hostile work environment was dismissed for lack of jurisdiction by the Merit Systems Protection Board as it found that re-litigating the issues on appeal was barred by the doctrine of collateral estoppel.

Posted in Case Law Update

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shaw bransford & roth case law update

MSPB: Constructive Knowledge of Disclosures Can Be Contributing Factor to Retaliation

The Merit Systems Protection Board reversed the decision of an administrative judge, finding that actual knowledge of an employee’s protected whistleblowing disclosures is not the only way to show that the employee’s disclosures were a “contributing factor” for a personnel action.

Posted in Case Law Update

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This Week on FEDtalk

This Week on FEDtalk: Data Accessibility: Your Data Distilled

Tune in to FEDtalk this Friday to learn how federal agencies are using data visualization techniques to better educate the public on what they are doing and to improve government transparency.

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Manager Matters

One Month into the New Administration

Policy changes and refocused initiatives are developing just one month into President Trump’s administration.

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