Description: Every Tuesday, FEDmanager by Shaw Bransford & Roth P.C. brings federal decision makers the news they need to know in easy to read, straight forward format. The FEDmanager newsletter features top news stories affecting the federal workforce, updates on the latest legislative initiatives on Capitol Hill, understandable summaries of recent court decision, and partner columns across federal community.
MSPB Overrules Itself to Clarify 'Douglas' Disparate Penalty Analysis
The Merit Systems Protection Board (MSPB) recently overruled its own early 2010s precedents on the Douglas factor disparate penalty analysis and held in Singh v. USPS , “the relevant inquiry is whether an agency knowingly and unjustifiably treated employees differently.”
Appellant, an employee at the United States Postal Service, was removed from his position as a result of an investigation by the Office of Inspector General. The agency subsequently rescinded the removal decision and replaced it with a decision to demote the appellant. The appellant then appealed the demotion, and a MSPB administrative judge found the demotion penalty was reasonable. Appellant timely filed a petition for review of the administrative judge’s decision to the MSPB’s presidentially appointed, S
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