The Merit Systems Protection Board recently reversed an
administrative law judge’s finding that a federal
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: