Federal Manager's Daily Report

The Merit Systems Protection Board recently reversed an

administrative law judge’s finding that a federal

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appraiser had been improperly removed based on his race.

The agency removed the employee for a six month unexcused

absence and his failure to submit sufficient medical

documentation to explain his absence, despite the agency’s

order that he submit medical documents. When the worker

appealed the decision claiming that his firing was based

on racial discrimination, an ALJ found, based on the

written record, that the employee had been the target of

racial slurs, comments that he suffered from social

diseases, that he had received death threats and had been

subjected to a hostile work environment.

However, based on its own review of the record, MSPB found

no compelling evidence supporting the appellant’s

allegations and reversed the administrative judge’s

findings. Specifically, the Board found the comments the

former employee relied on to substantiate his allegations

were taken out of context and that the employee failed to

present any credible evidence that he had been the victim

of racial discrimination despite his claim that his

evidence had been “blown away with Hurricane Andrew.”

The full text of the decision can be found here:

http://www.mspb.gov/decisions/2003/white_at000780i1.html