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Federal Legal Corner is sponsored by Passman & Kaplan, P.C.

Passman & Kaplan, P.C. concentrates its practice in employment, labor and discrimination law, specializing in Federal Civil Service law.
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NSPS Can't Impose New Probationary Period

The MSPB held that an employee could not be required to complete a new NSPS probationary period in Dodson v. Navy, 2009 MSPB 113 (6/17/09). The appellant had been terminated because of her work performance and conduct during her NSPS probationary period.
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Off-Duty Conduct Issue Addressed

In an unusual case, the U.S. Court of Appeals for the Federal Circuit in a split decision reversed the MSPB and held that an FBI agent should not be fired for secretly taping his sexual encounters with three women, including two coworkers. Doe v.
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Federal Legal Corners: Premium Pay for Part-time Employees

The U.S. Court of Appeals for the Federal Circuit recently overruled the U.S. Court
of Federal Claims in holding that part-time employees are entitled to Sunday premium
pay under 5 U.S.C.
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EEOC Awards $75,000 in Damages

In Coffee v. U.S. Department of Defense, EEOC Appeal No.
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Attorney Fees in Settlement Upheld

In Dahlman v. Consumer Product Safety Commission, EEOC Appeal No. 0720090004 (March 18, 2009) the Equal Employment Opportunity Commission ordered the agency to comply with the terms of a settlement agreement in which it agreed to pay attorney fees and costs to resolve a claim under the Equal Pay Act of 1963 (EPA), 29 U.S.C.
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EEOC Upholds Finding of Discrimination

The Equal Employment Opportunity Commission's Office of Federal Operations upheld an administrative judge's (AJ) finding that the Department of Navy discriminated against an employee on the basis of race when it failed to select her for a position. Parker v. Navy, EEOC Appeal No.
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Settlement Agreement Bars Disclosure

On January 23, 2009, the Merit Systems Protection Board issued its decision in Cunningham v. Office of Personnel Management, 2009 M.S.P.B. 5.
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No Court Jurisdiction on Award Decision

In a controversial split decision, a U.S. Court of Appeals held that a plaintiff could not challenge his failure to receive a coveted Presidential Rank Award that includes a monetary bonus because no adverse employment actions occurred. Douglas v.
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Denial of Medical Clearance

In its recent decision in Katz v. Department of State, Appeal Nos. 0720060024 and 0720060025 (3/26/09), the Equal Employment Opportunity Commission issued a number of important holdings concerning disability discrimination.
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Hearing-Aid Policy for Court Officers

Three recent federal court decisions foreshadow the likely forthcoming changes to a string of cases upholding the ban of hearing aids during annual physical testing for the Court Security Officers (CSO) of the U.S. Marshals Service (USMS). As background, it should be understood that this ban was first implemented in 2002 by the USMS through an annual physical test for the CSO position, which includes a hearing test.
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