00-00:.StoryCorp:.Dear
Happily Married Man: Your Wife Is Likely Longing For Some Old Flame.
Here...
00-00:.KXLY:.Sound
Off: Should Federal Salaries Be Slashed? .HERE
00-00:.NEW
BOOK:.'How
To Be Black': The author, Baratunde Thurston, has written a satirical
guidebook book and memoir. The guidebook part of his book has
chapters like "How to Be the Black Friend," "How to Speak for All Black
People," "How to Be the Black Employee," "How to be the Angry Negro" and
"How to Be the Next Black President." Here......
Trans..
02-06:.MPR:.The
Writer's Almanac with Garrison Keillor: Daily Poem To .READ
... LISTEN
.02-06:.DRAGNET:.Old
Time Radio Program Daily Episode.
02-03:.FedCir:.Lazaro
v.
VA (Miami) ... LEGAL ERROR ...
WHY DID VA MIAMI MEDICAL CENTER NOT HIRE THE VETERAN ? ...
On August 10, 2009, Mr. Manuel Lazaro applied for an IT specialist position
with the Miami VA Healthcare System. On September
2, 2009, Mr. Lazaro was informed by letter that he was not considered for
the position. Although Mr. Lazaro had fifty-three hours
of relevant educational experience and at least six months of experience
equivalent to the GS-9 level, the Department of Veterans Affairs (“VA”)
determined that he did not meet the specialized experience requirement.
... After exhausting his rights before the Department of
Labor on August 30, 2010, Mr. Lazaro filed an appeal with the Board under
the VEOA, asserting that the VA violated his rights under a statute or
regulation relating to veteran’s preference when it did not select him
for the position of IT specialist. ... Manuel
Lazaro (“Mr. Lazaro”) appeals the Final Order of the Merit Systems Protection
Board (“the Board”) that denied his claim for relief under the Veterans
Employment Opportunities Act (“VEOA”). ... FEDCIR:
BECAUSE WE CONCLUDE THAT THE BOARD (MSPB) COMMITTED LEGAL ERROR, WE VACATE
AND REMAND... Here, Lazaro
Appeals To FedCir:
..COURT
DECISION
02-03:.MSPB:.England
v.
Postal
... MAILMAN FIRED FOR STEALING A $25 GIFT CARD AND USING
AT OLIVE GARDEN ? ... The appellant,
Julius I. England, was a mail handler at the Jacksonville, Florida Processing
and Distribution Center. After a customer complained that a priority mail
package containing two $25 gift cards for Walgreens and the Olive Garden
had not been delivered to its final destination, the agency contacted Walgreens
and obtained video of the appellant using the Walgreens gift card. The
Olive Garden confirmed that its gift card was also used, but that it could
not identify the individual who used the card. The agency questioned the
appellant about the gift cards after informing him of his right to remain
silent and to leave the interview at any time. The agency then put the
appellant on “emergency placement” for 14 days or less, followed by administrative
leave. By letter dated January 27, 2010, and delivered on February 2, 1010,
the agency instructed the appellant to attend a fact-finding interview
on February 3, 2010. The appellant, however, stated that he never received
the letter. According to the agency, on March 17, 2010, the appellant received
a notice of proposed removal by certified mail, and another copy of the
notice was sent by regular, first-class mail. Again, the appellant asserted
that he never received either copy of the notice of proposed removal. By
letter dated May 6, 2010, the agency notified the appellant of his removal
for “improper conduct.” ... Here, England
Appeals
The Decision:..
MSPB
DECISION
02-02:.10thCir:.Bethel
v.
USA...BAD
VA ANESTHESIOLOGY ? ... IS THE US GOV'T LIABLE
FOR OVER TEN MILLION DOLLARS ($10,710,700) FOR VETERAN WHO SUFFERED BRAIN
DAMAGE DURING SURGERY AT THE DENVER VA MEDICAL CENTER ? ...
David Bethel (David) suffered severe brain damage while under anesthesia
at the Veterans Affairs Medical Center in Denver, Colorado (VAMC).
... His wife, Sharon Bethel (Sharon), brought suit
under the Federal Tort Claims Act (FTCA) against the United States and
several doctors including Dr. Robin Slover, the lead anesthesiologist on
David’s case and an assistant professor of anesthesiology at the University
of Colorado School of Medicine (UCSM). The case was originally
assigned to the Honorable Phillip S. Figa. In resolving motions
to dismiss, he concluded Slover was an employee of UCSM, an independent
contractor, not an employee of VAMC, and therefore the federal government
was not vicariously liable for her negligence under the FTCA.
Subsequently, Judge Figa died and the case was reassigned to the Honorable
Richard P. Matsch. Judge Matsch took a different course.
He did not consider Slover to be a federal employee, but nevertheless decided
the federal government was liable for her negligence. After
a bench trial, he awarded damages in the amount of $10,710,700.
... Here, USA Appeals To 10thCir:..
.COURT
DECISION
02-02:.3rdCir:.FLRA:.AFGE
v.
Navy ... GRIEVANCE ...
DOES NAVY HAVE GRANT OFFICIAL TIME SO THE UNION TREASURER CAN GO TO TREASURER
TRAINING ? ... When the
grievant became the Union 's new treasurer, the Union arranged for her
to attend a two-day “Financial Officers Training” (training) that covered,
among other topics, the preparation of reports that the Union was required
to file with other federal agencies. The Agency denied the
Union 's request for sixteen hours of official time for the grievant to
attend the training, stating that the Agency believed the training constituted
“internal union business,” and the Union grieved the denial of official
time. The grievance was unresolved and submitted to arbitration,
where the parties stipulated to the following issues: “Did the Agency violate
federal law and/or the [parties?] agreement when it denied the [g]rievant
official time to attend the . . . [t]raining . . . ? If so,
what should the remedy be? ... The Arbitrator
found that the Agency did not violate law or the parties? agreement when
it denied the official-time request, and she denied the grievance.
.....
Here, AFGE
Appeals The Decision:
..FLRA
DECISION
02-02:.3rdCir:.Haybarger
v.
Lawrence
... POOR PERFORMANCE ? --OR-- WAS HER
TERMINATION A VIOLATION OF FMLA and ADA ? ... In
1988, Debra Haybarger began working as an office manager for Lawrence County
Adult Probation and Parole (“Lawrence County Probation”), an agency of
the Lawrence County Court of Common Pleas. Beginning in 2001,
her supervisor was William Mancino, the Director of Probation and Parole.
... Debra Haybarger has Type II diabetes, heart disease,
and kidney problems, which forced her to miss work frequently to seek medical
attention. ... Haybarger testified that Mancino
expressed dissatisfaction with her absences despite recognizing that they
were due to illness. ... On March 23, 2004,
Mancino formally disciplined Haybarger by placing her on a six-month probationary
period that required weekly informal progress assessments and monthly formal
meetings. ... Approximately six months
later, Haybarger was informed that her job performance had not improved
since her disciplinary action in March 2004. ...
Haybarger was informed of her termination at a meeting in the courthouse
on October 4, 2004. Additionally, she received
a termination letter stating that "you are incapable of performing at the
level necessary to complete your assigned duties as the Office Manager
in my office.” ... Here, Haybarger
Appeals To 3rdCir:.. .COURT
DECISION
02-01:.9thCir:.JaneDoe
v. UOP...DID
UOP'S DELIBERATE INDIFFERENCE INCREASE THE RISK OF HER ASSAULT ? ...
Doe claims that UOP’s response to a prior campus rape in April 2008 was
clearly unreasonable in light of the known circumstances, and thereby increased
the risk of her assault. ... Jane Doe was sexually
assaulted by three male University of the Pacific (“UOP”) basketball players.
Jane Doe claims that UOP acted with deliberate indifference and retaliated
against her in violation of Title IX. The district court granted
summary judgment for UOP on all claims. ...
Here, JaneDoe Appeals To 9thCir:..
.COURT
DECISION
02-01:.MSPB:.Jones
v.
Agriculture
... INVOLUNTARY DEMOTION ? .. CONSTRUCTIVE
REMOVAL ? .. RACE & AGE DISCRIMINATION ? ...
The agency offered the appellant,Shirley Jones, the choice of two vacant
positions: a GS-6 Secretary position in Lombard, Illinois, and a GS-5 Resource
Management Assistant (RMA) position in the Beltsville District Office.
The agency advised that if the appellant accepted reassignment to the GS-6
position, she may be entitled to moving expenses, and that if she accepted
demotion to the GS-5 position, she may be entitled to pay retention.
The agency further stated that “If you elect to resign or retire rather
than accept either of the positions offered, the effective date can be
no later than August 21, 2007.” ... The
appellant accepted the agency’s offer of a downgrade to the GS-5 position
in Beltsville, and was appointed to this position, with pay retention,
effective September 16, 2007. The appellant filed an equal
employment opportunity (EEO) complaint regarding her alleged involuntary
reduction in grade on November 28, 2007. The appellant resigned,
effective October 10, 2008. On December 1, 2008, the appellant’s
EEO complaint was amended to include the claim that her resignation was
also involuntary. On April 13, 2009, the appellant filed the
present appeal with the Board, alleging that both her September 16, 2007
downgrade and her October 10, 2008 resignation were involuntary. ...
The appellant also alleged that the agency engaged in discrimination based
on race (African American) and age, and retaliation for prior EEO activity.
... Here, Jones Appeals The
Decision:..
MSPB
DECISION
02-01:.8thCir:.EEOC
v.
Fabricators ... DID THEY MAKE UNLAWFUL MEDICAL
INQUIRIES OF EMPLOYEES, FAIL TO KEEP CONFIDENTIAL THEIR MEDICAL INFORMATION,
AND DISCHARGED HIM BECAUSE OF HIS DISABILITY ? ...
For at least 15 years, Product Fabricators’ “drug policy” required employees
to report to their supervisor when they took any medication causing dizziness
or drowsiness, or otherwise affecting their senses, motor ability, judgment,
reflexes, or ability to perform their jobs. Failure to comply could result
in termination. ... In September
2007, Anderson, a shear operator, did not work for several days due to
back pain. His doctor said he could return to work “with no
restrictions” on September 17. He returned to work in a position
that was less physically strenuous. On September 18, he left
work early, due to a sore back. He did not work the next two
days. On September 20, he reported an injury from September 18, adding
he was medicated while working on the 17th and 18th. On September 21, Product
Fabricators terminated Anderson for violating the drug policy. ...
The EEOC alleges that under the drug policy, Product Fabricators made unlawful
medical inquiries of employees, failed to keep confidential their medical
information, and discharged Anderson because of his disability and/or as
a result of an unlawful application of the drug policy.
... Here, Fabricators Appeals To 8thCir:..
.COURT
DECISION
01-31:.8thCir:.Gacek
v. Owens ... WAS HE RETALIATED AGAINST HIM FOR
GIVING DEPOSITION TESTIMONY THAT HELPED CO-WORKER WIN A RACIAL DISCRIMINATION
SUIT ? ... Gacek, a white male, was employed by Owens
& Minor as a materials handler (i.e., a forklift operator) at its warehouse
in Mounds View, Minnesota. In September 2008, a recently terminated Owens
& Minor materials handler, Mesfin Tewolde, filed a racial discrimination
suit against Owens & Minor. ...
Gacek contends that Owens & Minor and Johnson retaliated against him
for giving deposition testimony that aided Tewolde in Tewolde’s racial
discrimination suit. ... Here, Gacek
Appeals To 8thCir:.. .COURT
DECISION
01-31:.3rdCir:.Greenawalt
v.
Clarion
... AGE DISCRIMINATION ? ... WHY WAS
THE THE MALE CORRECTIONS OFFICER SENDING MONEY TO THE FEMALE INMATE ? ...
Joseph Greenawalt worked as a corrections officer at the Clarion County
Jail from November 2001, when he was hired at age 51, until August 2008,
when he was terminated at age 58. An investigation by the Deputy Warden
in 2008 revealed that Greenawalt, using an alias to conceal his identity,
had been covertly mailing "gifts" of about $20 per week ($600 to $700 total)
to a female inmate and depositing that money in her account at the Jail.
Clarion County Jail Administrative Policy A-106, which was in place at
the time of Greenawalt’s employment, restricted the permissible nature
of relationships between corrections officers and current and former inmates.
It specifically prohibited monetary gifts. ...
When confronted, Greenawalt admitted that he sent the money to the inmate
under a false name and that his actions violated Policy A-106. After an
administrative hearing on the matter, Greenawalt was discharged. ...
Greenawalt then sued Clarion County, claiming that he was discharged on
the basis of his age and gender in violation of the Age Discrimination
in Employment Act. He claimed that he was treated less favorably than younger,
mostly female, corrections officers who violated that same policy.
... Here, Greenawalt Appeals To 3rdCir:..
.COURT
DECISION
01-31:.FLRA:.AFGE
v.
HUD ... GRIEVANCE ... HEY,
I WON MY GRIEVANCE, SO I DESERVE ATTORNEY'S FEES ! RIGHT ?
...
The Agency suspended the grievant for ten days, and the Union
filed a grievance that was submitted
to arbitration. ... The Arbitrator
reduced the penalty to a one-day suspension. ...
Regarding the Union's request for an award of attorney fees, the Arbitrator
first concluded that the grievant had prevailed. The Arbitrator next addressed
whether an award of fees was warranted in the interest of justice under
the criteria established by the MSPB in Allen v. USPS, 2 M.S.P.R. 420 (1980)
(Allen). ... The Arbitrator considered under criterion 5 of Allen whether
the Agency knew or should have known that it would not prevail on the merits
when it suspended the grievant. The Arbitrator concluded that the criterion
was not satisfied because the Agency “made a good faith mistake in its
application of the Douglas factors[,] and the evidence in the record [did]
not support a finding that the [Agency] knew or should have known that
it would not prevail on the merits[.]” ...
In addition, he concluded that fees were not warranted under the other
Allen criteria and were not warranted under the Statute. Accordingly, the
Arbitrator denied the request for an award of attorney fees.
.....
Here, AFGE
Appeals The Decision:
..FLRA
DECISION
01-30:.FLRA:.Army
v.
IFPTE ... GRIEVANCE ...
DID ARMY DENY HIM OVERTIME IN RETALIATION ? ...
As relevant here, the grievant filed a grievance alleging that the Agency
violated the overtime provisions in Article 26-2 of the parties’ CBA when
it failed to assign him to a project at the Cannelton Lock and Dam (Cannelton)
where the Shreve was not in use. The grievant claimed that he could have
received overtime pay had the Agency assigned him to work at Cannelton,
and that the Agency’s refusal to assign him to that project was in retaliation
for his disagreement with the Agency on unrelated issues. The grievance
was unresolved and submitted to arbitration, where the parties stipulated
to the following issue: “Did the [Agency] violate Article 26 of the [CBA]
by not assigning the [g]rievant to work at [Cannelton], and if so, what
is the appropriate remedy?” .....
Here,
Army Appeals The Decision:
..FLRA
DECISION
01-30:.MSPB:.Arrington
v.
Navy
... RACE, SEX, AND AGE DISCRIMINATION ? ...
DID NAVY INVOLUNTARILY DEMOTED HER ? ... On
April 29, 2010, the appellant initiated equal employment opportunity (EEO)
pre-complaint counseling, during which she raised a claim that the agency
had demoted her from a GS-14 Supervisory Management Analyst position to
a GS-13 Supervisory Management position as a result of discrimination based
on sex, race, and age. By memorandum dated June 9, 2010, the agency informed
her that she had raised a mixed-case complaint which may be appealed to
the Board. The agency explained that she must make an election between
filing a formal EEO complaint or filing a Board appeal, and that whichever
she filed first would be considered a binding election to proceed in that
forum. ... On June 19, 2010, the appellant
filed an appeal with the Board alleging that the agency involuntarily demoted
her from the position of GS-0343-14 Supervisory Management Analyst to the
position of GS-0343-13 Supervisory Management Analyst. ...
She again raised claims of race, sex, and age discrimination.
... Here, Arrington The
Decision:..
MSPB
DECISION
01-30:.MSPB:.White
v.
Postal
... DID POSTAL ACT ARBITRARILY AND CAPRICIOUSLY IN DENYING
HIS RESTORATION FOLLOWING HIS PARTIAL RECOVERY FROM A COMPENSABLE INJURY
? ... The Postal Service employed the appellant
as a full-time Mail Processing Clerk at its Los Angeles Processing and
Distribution Center (P&DC). Although the record below is unclear, it
appears that the appellant suffered an on-the-job injury and began working
a modified assignment as a Mail Processing Clerk, effective December 2008.
This appeal concerns three separate time periods in 2009 during which the
agency allegedly denied the appellant restoration. ...
Effective June 6, 2009, the appellant’s craft position was changed to Carrier
(City), and his duty location was changed to the Bakersfield Post Office’s
Hillcrest Carrier Annex. ... The appellant
filed the instant appeal on August 13, 2009, asserting that the agency
acted arbitrarily and capriciously in denying his restoration following
his partial recovery from a compensable injury, and requested a hearing.
The appellant also indicated that he was raising a discrimination claim,
and later clarified that he was asserting that the agency’s action was
the result of disability discrimination. ... Here,
White Appeals The Decision:..
MSPB
DECISION
12-27:.FLRA:.AFGE
v.
SSA ... GRIEVANCE ... SINCE
SSA FAILED TO RAISE NON-ARBITRABILITY PRIOR TO THE ARBITRATION HEARING,
IS THE GRIEVANCE AUTOMATICALLY ARBITRABLE ? ...
The Union filed a grievance alleging that the grievant, who occupied the
position of Benefits and Earnings Assistant GS)-4 level, was performing
the work of a Development Support Examiner GS-5 level. The remedy sought
by the grievant in the written grievance, and during each step of the grievance
procedure, was an “accretion of duty promotion” and “back [p]ay.” The grievance
was unresolved and submitted to arbitration. ...
Although prior to the arbitration hearing the Agency never raised an arbitrability
issue, the Agency stated at the start of the hearing that arbitrability
was a potential issue. ... The Arbitrator
then determined that the grievance concerned classification under §
7121(c)(5) and, thus, was statutorily barred from the negotiated grievance
procedure. Accordingly, he denied the grievance as nonarbitrable.
.....
Here, AFGE
Appeals The Decision:
..FLRA
DECISION
01-27:.VAOIG:..DID
THE VAOIG TRY TO SUGARCOAT THE NEGATIVE REVIEW OF THE INSPECTION
OF VA REGIONAL OFFICE, FARGO, NORTH DAKOTA ? .The
Fargo VARO staff did not correctly process 26 (39 percent) of the 67 disability
claims we sampled as part of our inspection. ...
VARO management did not ensure staff accurately addressed Gulf War veterans’
entitlement to mental health treatment. Processing of competency determinations
was not fully effective, resulting in unnecessary delays in final decisions
and improper benefits payments. A lack of management controls over receipt,
development, and completion of homeless veterans’ claims resulted in processing
delays. Finally, the VARO did not require the Homeless Veterans Outreach
Coordinator to perform duties related to homeless veterans outreach. IG
Report
01-26:.MSPB:.Commerce
v.
Muff
... COMMERCE APPEALS THE MSPB DECISION THAT REVERSED
MUFF'S REMOVAL FOR POOR PERFORMANCE ... HARMFUL
PROCEDURAL ERROR ? ... The agency, Commerce,
has filed a petition for review of the initial decision that reversed Mary
Ann Muff's removal for failure to maintain acceptable performance after
she successfully completed a performance improvement period (PIP).
... Commerce removed the appellant from the GS-4 position
of Field Representative under chapter 43 procedures for failing to maintain
acceptable performance in a critical element of her position. Commerce’s
charge relied on instances of unacceptable performance in critical element
1 (CE 1), Interviewing/Response Rate/Listing/Sampling, that occurred during
a 1-month period in May 2010 after her earlier successful completion of
the PIP and within a year of the advance notice that Commerce was placing
her on a PIP. Muff had served the PIP from July 1 through
October 31, 2009, for the same critical element, CE 1.
The critical element provides that the appellant “[c]ollects data for current
surveys and/or other one-time surveys by contacting respondents by a designated
personal visit or telephone call.” The purpose of the surveys is to provide
information on labor force characteristics of the U.S. population to obtain
estimates regarding employment, unemployment, earnings, hours of work and
other indicators. As a Field Representative, Muff was charged with obtaining
responses from the households by gaining their cooperation. To perform
at the minimally successful level in CE 1, Muff's survey response rate
had to be at an annual rate of 90%. Muff’s response
rate for May 2010 was 87.50%. ... Commerce
based the removal action on this 1 month of unacceptable performance in
CE 1. ... Muff appealed Commerce’s action.
She claimed that the Commerce’s action was the result of harmful procedural
error. ... Here, Commerce Appeals The
Decision:..
MSPB
DECISION
01-26:.3rdCir:.Ashton
v. Uniontown ... ASSAULT, BATTERY, ABUSE OF
PROCESS, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, NEGLIGENCE, GROSS
NEGLIGENCE, DEFAMATION, FRAUD, AND CIVIL CONSPIRACY? ...
On June 12, 2008, William Ashton went to his motorcycle, parked on East
Main Street in Uniontown, Pennsylvania. He noticed that Georgia Tomi, a
Uniontown meter maid, was issuing him a ticket. William informed Tomi he
would move his vehicle and started to mount it. While observing this movement,
Tomi struck William once in the back with a closed fist. ...
After being struck, William told Tomi he was going to the Mayor’s Office
in City Hall to file a complaint against her. Tomi, along with William’s
brother, Kenneth A. Ashton, Sr., followed him to City Hall. Upon arrival,
William entered the building and asked to speak with Mayor Edward Fike
while Kenneth and Tomi waited outside. William was informed that the Mayor
was unavailable. Outside, Kenneth met and spoke with Jason Cox, Uniontown’s
Police Chief. He explained the events that transpired between his brother
and Tomi. Chief Cox questioned Tomi regarding the incident, and she admitted
striking William. Neither the City of Uniontown nor the police department
further investigated the matter involving Tomi or disciplined her.
... Here, Ashton Appeals To 3rdCir:..
.COURT
DECISION
01-26:.MSPB:.Tullis
v.
Navy
... CONSTRUCTIVE REMOVAL ? ... WHISTLEBLOWER
? ... On October 1, 2009, Philip Ware Tullis,the
appellant, a YA-02 Financial Management Analyst in charge of travel, filed
a complaint with the Office of Special Counsel (OSC) alleging that the
agency retaliated against him in violation of the Whistleblower Protection
Act (WPA) by changing his job duties and working conditions after he had
questioned, through his management, the travel practices of his command
as being in violation of the agency’s travel regulations and cooperated
with a Command Inspector General (IG) investigation regarding the command’s
travel program by responding to the IG’s questions. ...
On November 15, 2009, the appellant resigned. On April
30, 2010, OSC issued a letter informing the appellant that it had closed
his complaint file and that he could file a request for corrective action
with the Board within 65 days. The appellant filed a timely IRA appeal
and alleged that his resignation was involuntary. ...
Here,
Tullis Appeals The Decision:..
MSPB
DECISION
01-25:.7thCir:.CUI
v.
Chicago
... DID THIS 20 MILLION DOLLAR HISPANIC MINORITY SET-ASIDE
BUSINESS GET CAUGHT PIMPING THE SYSTEM IN CHICAGO ? ...
CUI sells a variety of products, and has annual sales that vary between
about $10 million and $20 million. It purports to be a wholesaler, though
there are (or at least were) suspicions that it’s really a broker—an intermediary
between the wholesalers and the City of Chicago or other purchasers from
wholesalers. “ ‘Broker’ means a person or entity that fills orders by purchasing
or receiving supplies from a third party supplier rather than out of its
own existing inventory and provides no substantial service other than acting
as a conduit between his or her supplier and his or her customer.”
... The City had certified CUI as an MBE—a minorityowned business
enterprise; Loera, the 51 percent owner, is Hispanic. Minority-owned and
women-owned business enterprises receive favored treatment by the City;
for example, they alone can bid on certain contracts with the City called
“target market” contracts. ... Here,
CUI Appeals To 7thCir:..
.COURT
DECISION
01-25:.1stCir:.Brown
v. O'Brien ... MURDER WAS THE CASE
... HE'S SERVING TWO LIFE SENTENCES AND I'M STILL AFRAID OF
THIS DUDE ! ... Eric Brown, now in state prison serving
two life terms for first degree murder ...
In the early morning of June 16, 1996, two men were shot at close range
with a shotgun in Boston's South End and both were killed. ...
The day before the murders, Brown had accompanied his friend Dwight Bobbitt,
a security guard who had the credentials to obtain firearms, to a Boston
sporting goods store. After Brown supplied Bobbitt with money, Bobbitt
purchased a shotgun selected by Brown, together with shells, and turned
both the weapon and the ammunition over to Brown. Bobbitt thereafter reported
the shotgun as stolen, but later admitted he had purchased it for Brown.
...
Witnesses in the South End testified that in the early morning hours on
Appleton Street, a number of people were outside socializing and walking
about. At about 3:30 in the morning, a man approached one of these people,
Athos Oliveira, and shot him twice with a shotgun, the second shot hitting
Oliveira in the face and killing him. The assailant continued down the
street, encountered one Thomas Meyer, killed him with a shot to the back
of the head, and left the scene. ...
Here, Brown Appeals To 1stCir:..
.COURT
DECISION
01-24:.4thCir:.Bullock
v.
Napolitano
(Homeland) ... INJURED DURING MANDATORY HOMELAND
TRAINING, THEY DISCRIMINATED AGAINST ME BECAUSE I AM BLACK ! ...
Willie Bullock, an African-American male, was hired into the federal air
marshal program and, for training, was sent to a federal law enforcement
training center in New Mexico. While at the training center, Bullock suffered
injuries, diagnosed as shin splints, that restricted his ability to participate
fully in some of the training activities. Shortly before completion of
the training program, Bullock was dismissed from the program, being advised
that when he recovered, he would have to complete the entire seven-week
training program again if he wished to become an air marshal. Bullock claims
that because other Caucasian trainees were allowed to graduate from the
program despite having injuries that similarly limited their participation
in training exercises, he was discriminated against on account of his race,
in violation of Title VII of the Civil Rights Act.
... Here, Bullock Appeals To 4thCir:..
.COURT
DECISION
01-24:.FedCir:.Irving
v.
MSPB (Army) ... TIMELINESS. ...
SETTLEMENT AGREEMENT ... Patricia Irving was
removed by Army from her position as a Materials Handler on April 27, 2009.
She appealed that action to the Board on May 27, 2009. The agency and Irving
signed a settlement agreement on July 28, 2009. That agreement provided,
in part: (1) for Irving’s resignation; (2) that her appeal
be dismissed with prejudice; (3) that she would not seek, apply
for, or accept employment at Sierra Army Depot; and (4) that the
agreement was a full, final, and complete settlement. On July 30, 2009,
the administrative judge (“AJ”) issued an initial decision dismissing the
original appeal as settled, retaining jurisdiction for enforcement. The
initial decision contained a notice to Irving that the initial decision
would become final on September 3, 2009, unless a petition for review was
filed by that date or the Board reopened the case on its own motion. ...
On December 14, 2010, Irving sent the Board a letter entitled a “Petition
for Enforcement” and requesting “[p]ermission to reopen [her] case.”
... The Board then dismissed Irving’s petition for review as
untimely filed. ... Here, Irving
Appeals To FedCir:
..COURT
DECISION
01-24:.2ndCir:.Parker
v.
Ercole ... MURDER WAS THE CASE ...
ANOTHER REASON TO JUSTIFY INSTANT CAPITAL PUNISHMENT ! ...
The evidence at trial showed that, after a night of drinking, The Petitioner-appellant
Clay Parker and his friend Sanchez stole the cars of Pat Johnson (the victim),
and a friend of Johnson’s. When Johnson and his friend confronted them,
a fight broke out and Johnson punched Sanchez in the face, knocking him
to the ground. At this point, a witness heard Parker announce “I got something
for that nigga” and then heard a “pop” as a single rifle shot was fired
from inside the front hallway of a residence across the street from where
Johnson was pacing back and forth amidst several other people. Johnson,
who was struck by the bullet, ran away and collapsed between a car and
a snowbank. His body was not found for several hours and none of Johnson’s
friends believed he had been killed in the interim. However, Parker was
heard bragging in the meantime that he had shot Johnson. Parker testified
on his own behalf and maintained that he was not the shooter.
... Here, Parker Appeals To 2ndCir:..
.COURT
DECISION
01-23:.POL:.NEWT
TO ABC: "THANK YOU" ..
BARRY TO ABC: "NICE TRY"
00-00:.POL:.ABC
NEWS SHOULD BE SHAMED FOR ITS TIMING: ABC interviewed Newt Gingrich's
former wife some time ago. But instead of airing the interview at
that time, they waited until the day before the South Carolina Primary
to air the interview. It's clear that ABC is trying to KnockOut Newt
so that Mitt will win the South Carolina Primary. According to Newt, ABC
knows that Obama would have an easier time beating Romney than Gingrich.
[In Its Timing, The Interview Was Essentially A Negative Political Attack
Ad Produced & Executed By A Broadcast Network] Shame on you
ABC! Stop playing politics and just report the news..
01-23:.FedCir:.Groseclose
v.
Justice ... I AM A WHISTLEBLOWER, YES I AM
! ... William B. Groseclose (“Groseclose”)
worked for over four years, through February 2008, as a branch manager
at the Department of the Navy’s Test Facility at Port Hueneme in San Diego,
California. Donald A. Potenza was Groseclose’s supervisor during
this period. Potenza described Groseclose’s duties to include managing
personnel schedules, handling personnel actions, and assuring that testing
deadlines were met. ... Groseclose made
three disclosures under the Whistleblower Protection Act ...
The Merit Systems Protection Board determined that Groseclose failed to
establish a claim under the Whistleblower’s Protection Act.
... Here, Groseclose Appeals To FedCir:
..COURT
DECISION
01-23:.FedCir:.Jarrard
v.
Justice ... I'M A DISABLED VETERAN BUT SSA AND
JUSTICE DIDN'T HIRE ME FOR THE VACANT ATTORNEY POSITION ! ...
Thomas G. Jarrard is a veteran with a service-connected disability rated
at eighty percent, which makes him a “preference eligible” veteran under
5 U.S.C. § 2108(3)(C). ... He applied
for attorney positions at the Social Security Administration (“SSA”) in
2009 and at the U.S. Attorney’s Office for the Eastern District of Washington
(“DOJ”) in 2009 or 2010, informing both agencies that he was a preference
eligible veteran. Both agencies selected other applicants, at least one
of whom was a non-preference eligible. ...
The SSA concluded that section 3320 did not require the application of
section 3318 to attorney positions because those positions are exempt from
passover procedures under 5 C.F.R. § 302.101(c), and that Jarrard’s
preference eligible status was appropriately considered as only a “positive
factor.” The DOJ similarly stated that “Mr. Jarrard
was not the most qualified person for the position, considering all factors,
including veterans’ preference eligibility.” After the Department
of Labor found no violation, Jarrard appealed both decisions to the Board.
... Here, Jarrard Appeals To FedCir:
..COURT
DECISION
01-20:.POL:.NEW
BOOK "The Real Romney" EXPLORES MITT ROMNEY'S PAST AND HIS FAMILY'S
ROLE IN THE ESTABLISHMENT OF THE MORMON RELIGION IN AMERICA:
Read & Listen to the Fresh Air Interview..HERE
00-00:.NPR:.Do
Law Schools Cook Their Employment Numbers? .HERE
00-00:.OPM:.OPM
Sends Congress Its Plan To Fix Retirement Services: .HERE
01-20:.5thCir:.Cherry
v.
Shaw
... SEXUAL HARASSMENT! ... DESPITE
CHERRY REPEATEDLY SAYING "NO" REASONER CONTINUED TO AGGRESSIVELY PURSUE
CHERRY ! ... In April, Reasoner began sending Cherry
text messages. On April 19, Reasoner sent Cherry a text message saying
“ur 2 sexy. U drive me insane. Ur sexy voice puts
me to slumber.” Cherry repeatedly told Reasoner to STOP! ...
During this period, Reasoner regularly touched Cherry. When Cherry
was driving the boat to survey sites, Reasoner would touch Cherry’s leg
and shoulder and hair. On one occasion, when Cherry bent over to put a
chain on the boat, Reasoner “put his hand on Cherry's butt,” and Thornton
had to intervene to keep Cherry from striking Reasoner. ...
When Cherry fell asleep in the passenger seat of the truck on the way to
survey sites, Reasoner would rub Cherry'’s hair and shoulders. ...
In late May, Reasoner asked Cherry to stay over at his house rather than
going home after a long drive. Cherry declined. ...
Here, Cherry Appeals To 5thCir:..
.COURT
DECISION
01-20:.DcCir:.Rudder
v.
DCPD ... THE DC POLICE WENT UPSIDE ME HEAD MON
! ... Roger Rudder, Rosena Rudder, Noverlene
Goss, and juveniles E.R. and D.G. allege that Washington, D.C. Police officers
William Chatman and Shannon Williams assaulted them at the 2008 Caribbean
Carnival Parade. According to their complaint, the five plaintiffs stepped
into the street to embrace family members participating in the parade.
Officer Chatman ordered them to return to the sidewalk. While they were
doing so, Chatman "forcibly shoved" Rosena Rudder and Officer Williams
struck the two children with her baton. Several other officers arrived,
"withdrew their batons and used excessive force on all Plaintiffs." In
particular, "Officers Williams and Chatman ... beat Plaintiffs with their
batons and forced Plaintiffs to the ground." The officers then arrested
the adult plaintiffs. After being released, they were taken to a hospital
for treatment of their injuries. ... Here,
Rudder Appeals To DcCir:
..COURT
DECISION
01-20:.DcCir:.Paige
v.
DEA ... DEA AGENT: MY DEA MANAGERS VIOLATED
MY PRIVACY RIGHT WHEN THEY DISTRIBUTED A VIDEO OF ME ACCIDENTALLY SHOOTING
MYSELF ! ... Paige is a special agent in the
DEA’s Orlando District Office. On Friday, April 9, 2004, 1 he spoke to
a group of about fifty children and parents at a community center in Orlando,
Florida. At the time, Paige was an undercover agent who also often spoke
to schools and other organizations to educate the public about the dangers
of illegal drugs. During the presentation, Paige displayed his DEA-issued
firearm while discussing gun safety and telling the audience that firearms
should be handled only by professionals like himself. His firearm accidentally
discharged and he shot himself in the thigh. ... Here,
Paige Appeals To DcCir:
..COURT
DECISION
01-19:.FedCir:.Wright
v.
MSPB ... THIS POOR NURSE JUST NEEDS ONE MORE CHANCE
TO PROVE HER INNOCENCE ! ... Marino A. Wright seeks review
of the final decision of the Merit Systems Protection Board (“Board”) dismissing
as untimely her challenge to the termination of her excepted service appointment
as a Licensed Practical Nurse (“LPN”) with the Veterans Affairs Medical
Center (“VA”). ... Here, Wright
Appeals To FedCir:
..COURT
DECISION
01-19:.9thCir:.Yonemoto
v.
VA
... FOIA GONE WILD! ... A CASE ABOUT
A FEDERAL EMPLOYEE WHO SPENDS HIS ON DUTY TIME REQUESTING EMAILS ! ...
This case presents two FOIA issues. The first is whether an agency fulfills
its disclosure obligation by offering to supply the documents to the requester,
but only in his capacity as an employee of that agency. ...
The second involves application to internal emails of FOIA Exemption 6,
which provides that an agency may withhold “personnel and medical files
and similar files the disclosure of which would constitute a clearly unwarranted
invasion of personal privacy.” 5 U.S.C. § 552(b)(6).
... Yonemoto
Appeals To 9thCir:..
.COURT
DECISION
01-19:.10thCir:.Morris
v.
Springs
... DID THE MALE DOCTOR SEXUALLY HARASS THE FEMALE NURSE ?
--OR-- DOES SHE JUST NEED TO TAKE A CHILL-PILL ? ...
Sonja Morris is a registered nurse who works for the Memorial Health System
(“Memorial”) on the “Heart Team,” which is a group of Memorial employees
assigned to perform all heart surgeries done at the hospital. ...
Dr. Bryan Mahan is a surgeon on Memorial’s Heart Team. During the time
Ms. Morris was on the Heart Team with Dr. Mahan, she contends that he harassed
her on multiple occasions. Specifically, she alleges that he made a number
of demeaning comments to her. More generally, she claims that Dr. Mahan
would treat female employees differently than male employees. In June 2008,
Dr. Mahan hit Ms. Morris on the head by “flicking her with his finger without
her permission.” Ms. Morris claims that he also hit her
on the head in a similar fashion without permission a couple of weeks later.
...
Another incident occurred in August 2008—on the Friday before Labor Day
weekend—when Ms. Morris was assisting Dr. Mahan with a pericardiectomy.
...
After Dr. Mahan surgically removed pericardium tissue from the patient
on the operating table, he threw it in Ms. Morris’s direction. Dr. Mahan
claims that he intended only to throw the tissue on the floor behind him.
Nonetheless, the tissue hit Ms. Morris’s leg, prompting Dr. Mahan to say,
“Oh shit, I hit her.” He then joked about completing “cultures”
on the tissue. ... Morris
Appeals
To 10thCir:.. .COURT
DECISION
00-00:.POL:.Huntsman
To GOP: Objectively Speaking, Mo's Before Go's
01-18:.6thCir:.Betty
Geeslin v. Kobe Bryant ... KOBE TRIED TO
KILL ME DURING THE GAME ! ... Geeslin and a friend
attended a professional basketball game at the FedEx Forum in Memphis,
Tennessee on November 14, 2005. The Memphis Grizzlies were playing the
Los Angeles Lakers, the team of basketball star Kobe Bryant. Geeslin had
received skybox tickets to the game from a casino. Once Geeslin and his
friend arrived at the skybox, their host offered them courtside tickets.
Geeslin and his friend then moved down to folding chairs on the floor,
located just to the side of one of the baskets in the front row.
... While Geeslin and his friend were seated in their courtside
seats, a Lakers player recovered a ball at the Grizzlies’ end of the floor.
That player attempted a pass to Bryant. In attempting to get control of
the ball, Bryant came into contact with a Grizzlies player and careened
out of bounds, into or onto the plaintiff. Geeslin spilled his beer, and
was pushed backwards in the folding chair. ...
Geeslin alleges that Bryant, in getting himself up and back into the game,
pushed his forearm into Geeslin’s chest in an unnecessary and forceful
manner, causing him injury. Geeslin also alleges that Bryant “glared” at
him as he moved away and did not apologize. ...
Geeslin
Appeals To 6thCir:..
.COURT
DECISION
01-18:.6thCir:.Bobo
v.
UPS
... FALSIFICATION ... DECISION REVERSED
... DID UPS FIRE HIM BECAUSE THEY GOT SICK AND TIRED OF HIM
TAKING MILITARY LEAVE ? ... Walleon Bobo is an African
American who began his career at UPS in 1987 and worked his way up through
the hourly ranks. He was also a longstanding member of the Army Reserve
and a combat veteran. In late June 2004, after completing rehabilitation
for an injury sustained in Iraq, Bobo returned to his employment as a supervisor
at the UPS Oakhaven facility in Memphis, Tennessee. ...
When Bobo subsequently presented a copy of his military orders for annual
training, Bobo’s manager, Dennis Langford, told Bobo that he needed to
choose between UPS and the Army. A co-worker also warned Bobo that UPS
did not want its supervisors to serve in the military reserves and that
he should expect harassment about his military service. Bobo complained
about Langford’s remark in an email he sent to Bob Wagner, a Caucasian
who served as Transportation Services Division Manager for the Mid-South
District. The record does not appear to include a copy of this email or
any written response Wagner may have made to it. UPS apparently allowed
Bobo to take the requested leave. ... In
late 2004 UPS certified Bobo for the position of on-road feeder supervisor
to train and supervise UPS drivers. Bobo reported to Norman Morton, who
is African American. Morton in turn reported to Bob Wagner.
... UPS terminated Bobo’s employment on May 22, 2007, for
violation of the company integrity policy. Bobo’s discharge
occurred two weeks before his scheduled annual military training.
... Bobo
Appeals To 6thCir:..
.COURT
DECISION
01-18:.FedCir:.Stanley
v.
VA ... VA REMOVED THE MATERIALS HANDLER ! ...
On June 29, 2010, Mr. Stanley filed an appeal with the Board from the Department
of Veterans Affairs employment action removing him from his position of
Materials Handler. The administrative judge affirmed the agency’s decision
to remove Mr. Stanley in an initial decision on October 22, 2010.
... Here, Stanley Appeals To FedCir:
..COURT
DECISION
01-18:.6thCir:.Donald
v. Sybra ... WAS HER FIRING THE RESULT OF DISCRIMINATION
AND RETALIATION ? ... Gwendolyn Donald worked for
Sybra LLC (“Sybra”) at its Arby’s restaurants for over two years as an
assistant manager. During this period, Donald suffered a number of health
problems, forcing her to miss a substantial amount of work. Donald received
treatment for ongoing pain and renal stones on her regularly scheduled
days off on February 25 and 26, 2008. The treatment caused
Donald to experience extreme pain. ...
In February of 2008, Sybra terminated Donald when it suspected that Donald
entered customer orders improperly in order to steal cash from her register.
Donald sued Sybra, alleging various theories of discrimination and retaliation.
The district court granted summary judgment in favor of Sybra, which Donald
now appeals. ... Donald
Appeals
To 6thCir:.. .COURT
DECISION
01-17:.360:.Suzan-Lori
Parks' Discusses Her ReWrite Of Porgy and Bess.
01-17:.MSPB:.Young
v.
Postal
... ENFORCED LEAVE ... POSTAL DISCRIMINATED
AGAINST ME WHEN THEY PLACED ME ON ENFORCED LEAVE ! ...
The appellant filed a Board appeal challenging her placement on enforced
leave by the agency from the position of Rural Carrier. The parties reached
a written settlement agreement. ... The settlement agreement provided,
in pertinent part, that the agency would reinstate the appellant to her
former Rural Carrier position in Columbia, Tennessee, if (1) she
submitted to “an independent medical examination,” by a Board-certified,
forensic psychiatrist, and (2) that psychiatrist determined that
she was medically capable of returning to duty in her former position.
...
How Did Postal Manage To Breach The Settlement Agreement? ...
Here,
Young Appeals The Decision:..
MSPB
DECISION
01-17:.9thCir:.Bylsma
v.
Burger
King ... SHERIFF: BURGER KING HIRED THE CRIMINALS
THAT SPAT IN MY FOOD ! ... Edward J. Bylsma is a
sheriff’s deputy with the Clark County Sheriff’s Office. On March 24, 2009,
at approximately 1:50 a.m., Deputy Bylsma—while on a break—drove his marked
police cruiser to a Burger King restaurant. Two employees, Gary Herb (“Herb”)
and Jeremy McDonald (“McDonald”), were working that shift but there was
no supervisor on duty. Both Herb and McDonald have criminal
records.... Bylsma entered the drive-thru
and ordered a Whopper with cheese. He recognized McDonald, but not Herb,
from previous visits. After receiving his food, Byslma had an “uneasy feeling”
and pulled into another parking lot down the street. Before consuming the
hamburger, he lifted the top bun and observed a “slimy, clear and white
phlegm glob” on the meat patty. He inserted his finger into the glob and
then called for back-up. ... Later
DNA testing revealed that the glob on the meat patty was Herb’s saliva.
Bylsma claims that he now suffers ongoing emotional trauma from the incident,
including vomiting, nausea, food anxiety, and sleeplessness, and has sought
treatment by a mental health professional. ...
Bylsma
Appeals To 9thCir:..
.COURT
DECISION
01-13:.9thCir:.Shelley
v.
Geren
(Army) ... ARMY AGEISM? ...
REVERSED ... LOOKS LIKE ARMY DIDN'T DODGE THE AGE
DISCRIMINATION BULLET AFTERALL ! ... Plaintiff-Appellant
Devon Scott Shelley appeals the district court’s grant of summary judgment
in favor of DefendantAppellee Pete Geren, Secretary of the Army and the
United States Army Corps of Engineers (collectively, the Corps). Shelley
sued the Corps for violating the Age Discrimination in Employment Act (ADEA),
29 U.S.C. § 621 et seq., by failing to interview him and rejecting
his applications for two promotions. ... We have
jurisdiction pursuant to 28 U.S.C. § 1291 to consider Shelley’s appeal.
We find that Shelley presented a prima facie case of age discrimination
and evidence of pretext sufficient to create a material dispute as to whether
age-related bias was the “but-for” cause of the Corps’ failure to interview
and promote him. The district court’s grant of summary judgment in favor
of the Corps is reversed. ... Shelly
Appeals
To 9thCir:.. .COURT
DECISION
01-13:.FedCir:.Jones
v.
VA ... WHY DID VETERANS AFFAIRS NOT HIRE THIS 10
POINT VET ? ... Orlando Jones is a 10-point
veteran who attained the rank of Sergeant Major and retired after twenty
four years in the United States Army. In 2007, Jones was hired by the Department
of Veterans Affairs (“DVA”) as an Employment Development Specialist, GS-12.
After applying and not being selected for four separate positions within
the DVA, Jones brought the present USERRA claim alleging that the DVA refused
to select him for any of the four positions as a result of his prior military
service. Following a hearing, the administrative judge issued an initial
decision denying Jones corrective action under USERRA because he had failed
to prove by preponderant evidence that the DVA had been motivated by his
prior military service when determining not to offer him any of the four
positions for which he was not selected. ... Here,
Jones Appeals To FedCir:
..COURT
DECISION
01-12:.SCOTUS:.SUPREME
COURT RULES THAT MINISTERS ARE NOT PROTECTED BY ANTI-DISCRIMINATION LAWS:
Cheryl
Perich, a teacher at the Hosanna-Tabor Lutheran Church and School in Michigan
took leave when she was diagnosed with narcolepsy. But when her doctor
certified her to return to work, the school asked her to resign, so she
threatened to sue under the Americans with Disabilities Act. ...
"Their response was to fire me," Perich said. "I can't fathom how the Constitution
would be interpreted in such a way as to deny me my civil rights as an
elementary school teacher." ... The school did not dispute
that it fired Perich because of her threat to sue, but it maintained that
part of its faith requires that such disputes be resolved only internally
within the church.
.,
NPR.
...
.DECISION
01-12:.8thCir:.Crawford
v.
BNSF ... DISCRIMINATION ?
... WE WERE SUBJECTED TO SEXUAL AND RACIAL HARASSMENT BY OUR
SUPERVISOR ! ... Jennifer Crawford, Gannon
Dvorak, Ernest Magdaleno, David Peters, and Michael Meadows sued their
employer BNSF Railway Company, alleging that they had been subjected to
sexual and racial harassment by their supervisor Michael Duran in violation
of Title VII of the Civil Rights Act of 1964. ...
At all relevant times Crawford, Dvorak, Magdaleno, Peters, and Meadows
were mid level supervisors at a BNSF Railway Company diesel engine facility
in Alliance, Nebraska and were supervised by Michael Duran. Citing specific
incidents beginning in early 2008, appellants allege that their supervisor
Duran subjected them to frequent sexual harassment and, in the case of
Magdaleno, racial harassment. BNSF does not directly dispute appellants'
allegations about Duran's conduct but maintains that it is entitled to
the Ellerth-Faragher affirmative defense. It claims that appellants did
not report Duran's conduct in a timely manner and that it responded promptly
and effectively once the conduct was reported. ...
Crawford, et al., Appeals To 8thCir:..
.COURT
DECISION
01-12:.FedCir:.Carlson
v. MSPB (Postal) ... WAS THE TERMINATION LEGIT
FOR AWOL ? --OR-- WAS THE TERMINATION IL-LEGIT DUE TO COMPENSABLE
INJURY ? ... Lisa Brooks Carlson joined the Postal Service
on February 25, 1978. She suffered a compensable lower back injury diagnosed
as a muscle strain. Carlson saw a number of doctors after her injury and
by April 4th, Dr. Steven Gershon indicated that Carlson could work so long
as her office provided her with an appropriate chair. At her follow up
appointment on April 20th, Dr. Gershon indicated that Carlson was to remain
at work fulltime under the previous medical restriction (use of the appropriate
chair). Carlson left work on April 21st, complaining of back pain. On April
28th, the agency sent her a letter informing her that the agency considered
her absent without leave (“AWOL”) and requesting that she furnish, within
five days, medical documentation supporting her absence. She did not provide
such medical documentation and the agency, in a May 10th letter, notified
her of its intent to remove her from service effective June 17th. ...
On June 15th, Carlson filed a grievance with the American Postal Workers
Union alleging that her absence was due to her earlier compensable injury.
... Here,
Carlson Appeals To FedCir:
..COURT
DECISION
01-12:.TECH:.This
American Life "China Apple Plant" : .LISTEN
HERE ... .Free
MP3
01-11:.NEWS:.Southern
Conservatives Going Soft On Crime? (Southern Dems Mad) ...
On his last day as Mississippi governor, conservative Republican Haley
Barbour surprised friend and foe by granting more than 200 pardons, clemency
or early release for people convicted of crimes including murder, rape
and armed robbery. .HERE
01-11:.7thCir:.EEOC
v.
IHOP
... WERE THE TWO WOMEN REALLY SEXUALLY HARASSED? --OR--
WERE THEY JUST TOO SENSITIVE ? ... The
Equal Employment Opportunity Commission (“EEOC”) brought this action on
behalf of two servers, Katrina Shisler and Michelle Powell, who were employed
at an International House of Pancakes franchise in Racine, Wisconsin (the
“Racine IHOP”), alleging that the servers were sexually harassed in violation
of Title VII of the Civil Rights Act. §§ 2000e et seq. ...
A jury found in favor of Shisler and Powell on the hostile work environment
claim, and against the Defendants, [[ IHOP ]]. The jury awarded compensatory
damages to Shisler and Powell, and awarded punitive damages to Powell.
...
Here, IHOP Appeals To 7thCir:.. .COURT
DECISION
01-11:.3rdCir:.Slater
v.
Susquehanna
... FREEDOM OF SPEECH ... DID THEY
TERMINATE HER FOR EXERCISING HER FREEDOM OF SPEECH RIGHTS?
--OR-- WERE THE MISCONDUCT CHARGES LEGIT ? ...
The plaintiff, Cheryl Slater, has worked as a correctional officer at the
Susquehanna County Correctional Facility in Pennsylvania from 1994 until
her termination in December 2006. ... Three episodes
preceded Slater’s termination. ... Slater refused
to attest to her receipt and understanding of the prison’s Policy and Procedure
Manual. She believed that prison rules were not properly enforced and therefore
refused to provide a signature acknowledging her understanding of the manual.
As a consequence, William Brennan, the prison warden at the time, suspended
her for three days and referred her to a psychiatrist for evaluation.
... Three episodes preceded Slater’s termination.
Slater permitted an out-of-state police officer to enter the prison intake
area without first disarming him or checking his identification. This was
a violation of prison security policy, and Slater received a five-day suspension
for her actions. The following month, she twice violated policies directed
to prisoners’ medical care by permitting an inmate to change the bandage
of another inmate with a contagious infectious disease and by improperly
disposing of contaminated medical gloves. ... Here,
Slater
Appeals To 3rdCir:
..COURT
DECISION
01-10:.VAOIG:..DID
THE ANISTHESEOLOGIST AT THE VA SACRAMENTO VA MEDICAL CENTER PROVIDE IMPROPER
CARE TO TWO AMERICAN VETERANS / FALL ASLEEP IN OPERATION ROOM ? .The
VA Office of Inspector General Office of Healthcare Inspections reviewed
actions taken to address a complainant’s allegation that an anesthesiologist
provided inadequate care to two named patients at the Sacramento VA Medical
Center (the facility) in Mather, CA. The complainant also alleged that
facility leadership did not take effective actions to address Anesthesia
Service operational issues and that providers breached patient privacy
policy through the inclusion of patient personal identifiable information
in personal electronic mail messages (e-mails). IG
Report
01-10:.5thCir:.Smith
v. Bell ... FMLA / TERMINATION / LAST
CHANCE AGREEMENT ... WAS SHANEIKA FIRED FOR BEING
FOR BEING THE RUDE CUSTOMER SERVICE REP FROM HELL ? --OR--
WAS IT FMLA DISCRIMINATION ? ... Shaneika Smith
was employed as a customer service representative for SWBT for seven years.
Her job entailed providing customer service in sales by answering customer
phone calls and handling their complaints. As part of her customer service
training, Smith was instructed that when a customer became rude or difficult,
she was to maintain a proper tone and assure the customer that his problem
would be addressed. In the event that a customer became too difficult,
Smith was directed to transfer the call to a representative dedicated to
such calls, or to a sales coach manager. ...
In October 2007, Smith received a call from a customer frustrated by a
service disconnection. Smith attempted to transfer the call to another
department, and the caller became angry at the prospect of again being
placed on hold. Smith’s tone became sarcastic and she and the customer
began to argue. The customer informed Smith that she would make sure Smith
lost her job. Smith told the customer, “You need to watch your mouth speaking
to me.” The customer demanded to be transferred to a supervisor. While
transferring the call, Smith stated aloud while the customer remained on
the line, “She’s crazy.” Smith then threw down her headset.
... Here, Smith Appeals To 5thCir:..
.COURT
DECISION
01-09:.BABY:.Congratulations
Beyonce and Jay-Z on the birth of Blue Ivy Carter !
01-09:.TAL:.Chief
Justice Roberts Comments on ObamaCare Recusal Controversy: .HERE
01-09:.7thCir:.Coleman
v.
Postal
... THREATS / DISCRIMINATION ... WHITE
THREATS GET A SLAP ON WRIST WHILE BLACK THREATS GET YOU FIRED ! ...
The United States Postal Service terminated plaintiff Denise Coleman’s
32 years of employment as a mail processing clerk. The Postal Service contends
that it fired Coleman because she told her psychiatrist she was having
thoughts of killing her supervisor, and it believed she posed a danger
to her fellow employees. Coleman alleges that her termination was discriminatory
(she is African-American and a woman) and retaliatory (she had previously
complained, both formally and informally, of discriminatory treatment).
In support of her disparate treatment claims under Title VII of the Civil
Rights Act of 1964, Coleman presented evidence that two white male employees
at the same facility had recently threatened another employee at knife-point,
yet received only one-week suspensions from the same manager who fired
her. ... Here, Coleman
Appeals To 7thCir:.. .COURT
DECISION
01-09:.MSPB:.Edwards
v.
Transportation
... SINCE MY REMOVAL WAS REVERSED, I HAVE A RIGHT TO OVER $519,
000 IN DAMAGES ! ... On April 17, 2008, the appellant
filed a petition for review of an initial decision that affirmed her removal
from her position as an Air Traffic Control Specialist and rejected, inter
alia, her claim of disability discrimination. The Board granted the petition
for review and ordered the agency to cancel the appellant’s removal because
it was not taken for such cause as would promote the efficiency of the
service. Because the appellant did not raise the issues on review, the
Board did not address the appellant’s discrimination claims.
... On April 17, 2008, the appellant filed a petition for review
of an initial decision that affirmed her removal from her position as an
Air Traffic Control Specialist and rejected, inter alia, her claim of disability
discrimination and requsted over $519, 000 in damages ($29,456 + $69,439
+ $420 + $20,516 + $100,000 + $100,000 + $120,000 + $80,000)
... Here, Edwards Appeals The Decision:..
MSPB
DECISION
01-09:.OIG:.VA
Hines Hospital Cleared Of Patient Neglect Allegations By VAOIG .HERE
01-06:.11thCir:.Paul
v.
Americold
... DISCRIMINATION ... WAS HE NOT PROMOTED
THEN TERMINATED BECAUSE HE IS AFRICAN-AMERICAN ? ...
David Paul, an African-American, is a former employer of Americold Logistics,
LLC. He brought this action against Americold pursuant to Title VII of
the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-2(a)(1),
claiming that Americold discriminated against him on account of his race
when, among other things, it (1) failed to promote him to the supervisor
position in late 2007; (2) failed to promote him to the auditor position
in early 2008; and (3) terminated his employment.1 At the conclusion of
discovery, the district court granted Americold’s motion for summary judgment
and dismissed the claims. ... Here, PaulAppeals
To 11thCir:.. .COURT
DECISION
01-05:.6thCir:.Savage
v. EGee ... REVERSE INTOLERANCE?
... CONSTRUCTIVE DISCHARGE? ... DID
HIS CONTINUED ENDORSEMENT OF THE BOOK AMOUNT TO CALLING GAY AND LESBIAN
PEOPLE ‘EVIL’ ? --OR-- WERE THE HOMOSEXUAL STAFF MEMBERS
GUILTY OF REVERSE INTOLERANCE ? ... Scott Savage
was Head of Reference and Library Instruction at The Ohio State University’s
Bromfield Library in Mansfield, Ohio. ...
In February 2006, Savage joined a committee formed to choose a book that
would be assigned to all incoming freshmen. ...
Savage recommended four book titles, providing a short description of each
book. One of the books, The Marketing of Evil by David Kupelian, contains
a chapter describing homosexuality as aberrant human behavior. Savage’s
description of the book did not mention this chapter. ...
On March 9, Norman Jones, who is gay, responded, describing Savage’s suggestion
as “anti-gay” and “homophobic tripe.” Savage responded to Jones on the
same day, defending his suggestion of The Marketing of Evil. Savage, Hamlin,
and Jones continued to exchange e-mails on the issue. Hamlin and Jones
criticized the book as bigoted and homophobic and, eventually, questioned
Savage’s competence and professionalism as a librarian. Jones sent an e-mail
to Burns, stating that Savage’s recommendation “severely damage[d]” Jones’s
“confidence in the library and its staff” and would affect his use of library
staff. ... Savage resigned on June
27. Savage sought damages and injunctive relief, alleging that
he was constructively discharged in retaliation for the exercise of his
First Amendment rights; that the University’s sexual harassment policy
is unconstitutionally vague and overbroad; and several other constitutional
claims. ... Here, Savage
Appeals To 6thCir:.. .COURT
DECISION
01-05:.5thCir:.White
v.
GEICO
... EEOC ... A DISCRIMINATION COMPLAINT
INSIDE GEICO ... Tricia White, an African-American
female, worked for Government Employees Insurance Co. (“GEICO”) as a supervisor.
... White testified that she overheard the branch manager,
Gene Allgood, refer to an African-American customer as a “nigger.” White
reported this to GEICO. When GEICO investigated, Allgood denied referring
to the customer in that manner, and all witnesses other than White stated
that Allgood did not do so. GEICO took no further action. White also testified
that another African-American employee, Cynthia Johnson, told her of an
incident during which some white paint fell on or near Johnson and Allgood
commented that he “always knew that [Johnson] wanted to be a white female.”
In addition, White and her sister have affirmed that Allgood referred to
the Metairie office on many occasions as “ghetto” or a “FEMA trailer.”
...
White filed a compalaint with Equal Employment Opportunity Commission (“EEOC”)
in which she alleged that she had been subjected to discrimination on the
basis of her race (African-American) and sex (female), as well as retaliation,
by GEICO. On November 13, 2008, the EEOC provided White with notice of
her right to sue under Title VII.
... White timely filed
her suit against GEICO in the district court. ...
Here, White Appeals To 5thCir:..
.COURT
DECISION
01-04:.Tech:.The
Computer Guys & Gal (Show For January 2012): .HERE
01-04:.10thCir:.Cornwell
v.
Union
... THE RAILROAD COMPANY IS RESPONSIBLE FOR MY WIFE'S DEATH
AT THE RAILROAD CROSSING ! ... Renia A. Cornwell
died at a railroad grade crossing when the vehicle she was driving collided
with a locomotive owned and operated by Union Pacific Railroad Company.
Her husband, Dennis R. Cornwell, brought a wrongful death action against
Union Pacific alleging negligent, reckless, and intentional wrongdoing
in the operation and maintenance of the locomotive’s horn as well as in
the construction and maintenance of the crossing. ...
Mrs. Cornwell’s Chevrolet Blazer collided with Union Pacific’s locomotive
at 11:45 a.m. on a clear day in Vinita, Oklahoma. The investigating police
officer cited Mrs. Cornwell for failure to yield to the oncoming train,
but the citation was dismissed after her death. Many, but not all, witnesses
to the incident heard the locomotive’s horn sound before the collision.
The train’s recording devices provided contradictory information. The data-event
recorder indicated that the horn sounded, but the horn is not audible upon
a review of the track-image recorder. ...
Here, Field Appeals To 10thCir:..
.COURT
DECISION
01-03:.10thCir:.Field
v.
Water ... THEY FIRED ME BECAUSE I STOOD UP
FOR MY AFRICAN-AMERICAN COLLEAGUE ! ... Plaintiff-Appellant,
Bruce R. Field, initiated numerous accusations of fraud and criminal activity
by others within his organization. ... By letter,
the Director of Engineering, Robert Mahoney, stated that Mr. Field’s “repeated
and escalating accusations of fraudulent and criminal activity by others
without any evidence is in bad faith.” He continued,
“And, if you have information that supports your claims and you are withholding
it, then you are placing your own interests above Denver Water’s by impeding
the investigation.” Mr. Mahoney believed that Mr. Field
could not to produce “detailed allegations and supporting information because
[his] claims that there ha[d] been criminal and fraudulent activity [were]
not true.” Hence, Mr. Field was fired for failure to
perform job duties, insubordination, and conduct resulting in material
impairment of work. ... Mr. Field subsequently
initiated this lawsuit, claiming his termination was retaliatory, his termination
was done in retaliation for opposing discriminatory conduct directed at
his colleague, Mr. Phillips, who was African-American.
Finally, Mr. Field claimed that his termination was in retaliation for
his participating in activity protected by Title VII.
... Here, Field Appeals To 10thCir:..
.COURT
DECISION
01-03:.5thCir:.Chester
v.
Thaler ... MURDER/RAPE/ROBBERY ...
PLEASE SPARE MY LIFE ! ... PEOPLE AGAINST CAPITAL
PUNISHMENT, PROTECT PEOPLE LIKE THIS: ... In
1997 and 1998, The Petitioner, Elroy Chester, embarked on a criminal spree
too long and too gruesome to recount here in its full detail. He perpetrated
at least five burglaries and five non-lethal assaults; worse, he left in
his wake the victims, ranging from ten to eighty-seven years old, of at
least five murders and three rapes. Petitioner’s career as a serial murderer
and rapist culminated in the events of February 6, 1998, when Petitioner
shot and killed his final victim, Willie Ryman. (continued)...
Here, Chester Appeals To 5thCir:
.
[CAUTION:
RAPE]..
.COURT
DECISION
01-31:.OPN:.DEAR
WOMEN: No, He Is Not A Cheapskate ( You Are !)