EEOC and MSPB Laws and Legal Standards
Following excerpts, decisions, or AJ orders, made available here for download, are taken from
actual cases adjudicated by EEOC or MSPB administrative judges (AJ's) or by OFO.  EEOC AJ
decisions are redacted for privacy protection.  MSPB Decisions are open to public, as MSPB
hearings are.  Similarly, OFO decisions are public, as OFO allows
public search on its past
decisions on its website.  Accordingly, MSPB and OFO decisions listed here are not redacted or

Applicable Laws on Title VII  Burden of Proof, Reprisal, Disability, Reasonable Accommodation,
Summary Judgment - a selection from a
Decision by EEOC AJ, April 12, 2012 (Word document).

Disability laws and standards

Disparate treatment laws and standards

Hostile environment laws and standards

Comprehensive legal standards for disability claim, age claim, other disparate treatment claim,
and retaliation claim for Whistleblowing--all in one
Order issued by MSPB AJ.  Similar
boiler-plated orders are issued whenever discrimination or whistleblower retaliation or other
claims as affirmative defense is raised by appellant.

AJ Patricia M. Miller's Order dated January 25, 2012 regarding removal based on
unacceptable performance.  

MSPB decision involving restoration of (light) duty rights and denied accommodation

2005-12-08 Brent v Dept. of Justice (re MSPB review of arbitration decision)   

2011-09-21 OFO decision reversing Agency's dismissal decision for untimely filing.

2012-01-12 OFO decision reversing AJ's summary judgment or decision without a hearing and
remanding the case back to the Agency for an EEOC hearing.  The case involves denied
accommodation, non-selections, and constructive discharge.

2011-09-01 MSPB decision involving a constructive discharge claim (selections)

2011-01-01 EEOC AJ bench decision involving harassment and denied accommodation claim.

2011-01-01 EEOC AJ bench decision on damages involving harassment and denied
accommodation.                  2012-02-10 OFO Decision affirming AJ's remedy order (mostly).

2011-03-02 EEOC AJ decision involving non selection

2010-05-11 EEOC AJ bench decision involving harassment and non renewal of 2 year term

MSPB report on Whistleblowing and Retaliation

2010-12-17 EEOC AJ Order on discovery motion and medical info release

OFO Decision on Roberts vs USPS reversing AJ's decision with strong rebuke of the AJ.
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