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April 2014 Archives

Discrimination claims at the CFPB

Employment discrimination cases are inherently complex. Except in cases of blatant and stupid discrimination, where someone makes clearly discriminatory remarks or makes derogatory statements in an email or written documentation, much employment discrimination is subtle. It is often apparent only when looking for something that is not, such as why there is a racial or gender disparity among a workforce.

Civil Service reform? Or just gaming the system?

The current federal civil service program has many problems. The system is perhaps in need of some updates, to move it into the modern era. Some elements may seem obsolete and archaic. Of course, federal employees have their issues with the system. They are disciplined or subject to adverse job actions by their agencies, with appeals being heard by the Merit Systems Protection Board (MSPB), and employees file discrimination cases that are heard by the Equal Employment Opportunity Commission (EEOC).

Pay gap for women still exists for federal employees

Equal pay for equal work has been in the news this month, with the issuance of two executive orders by the president to address the issue of gender pay equity. It seems unexceptional to argue that workers doing the same work with similar experience should earn the same salary. For decades, there was a significant gap between male and female workers.

Sensitive designation cases: no appeal to MSPB

In legal proceedings, an important issue is the level of review. Because hearing officers, administrative law judges and courtroom judges all make mistakes, the forum or entity that may hear appeals is significant. In some cases, it if is determined that there is no appeal from a decision, that decision becomes absolute, no matter what errors or flaws it contains.

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