Equal Employment Opportunity Commission & Merit System Protection Board 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 sanitized.

➤ 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 

➤ 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.

➤ MSPB 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 position

➤ MSPB report on Whistleblowing and Retaliation

- general information 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.