Court Cases
D.C. Circuit Disagrees with DOJ Handling of FOIA Request
Here is yet another case in which a court has taken issue with an agency’s withholding of information in response to a FOIA request. This time it’s the Department of Justice—the agency responsible for “overseeing” how the government is handling its disclosure obligations.
AFGE Officer Lies Under Oath to Chief FLRA ALJ While AFGE Locals Continue Corruption Crimes at Higher Rates Than Ever
The author looks at a history of court cases involving AFGE and says that they indicate the union has more corruption indictments and convictions than ever before.
Workforce Disruptions Lead to Removal of 30-Year Employee
Incidents of anger, outbursts and threats in the workplace lead the agency to suspend then fire a long-standing employee.
Some Case Law Surrounding Excessive Leave
The author says that one of the most time consuming and frustrating tasks for supervisors is dealing with the small number of employees who abuse leave. He describes some of the keys to dealing with these problems as well as some court cases that set precedent for what agencies can and can’t do in dealing with leave and attendance problems.
‘Job Restructuring’ as a Reasonable Accommodation in Federal Employment (Part 2)
In the second of two series of articles on job restructuring as a reasonable accommodation, the author explores how job restructuring could affect other employees besides the disabled person being accommodated, and examines the limitations on the burden that an agency may place on other employees.
33 People Charged with Crimes Against the Postal Service Including Mail Theft by Employees
Crimes against the Postal Service seem rampant in one section of California. 33 people, including a number of Postal Service employees, have been charged with various crimes.
‘Job Restructuring’ as a Reasonable Accommodation in Federal Employment
In the first of two articles on job restructuring as a reasonable accommodation, the author explores how managers ascertain what an employee’s essential functions of his or her job position are, how to restructure a job position to accommodate an employee, and explores some cases that shed light on how the EEOC and federal courts look at these issues.
Poor Customer Service Leads to Removal
An IRS employee who cursed out a taxpayer in front of several witnesses could not persuade the court that his removal was unwarranted.
The Adjudication of Attendance
The author says that it is a well established fact that managers have the right to establish standards for requiring employee attendance at work. He notes, however, that failure to enforce attendance requirements can result in further attendance problems and lower morale among employees. He says that supervisors should never be afraid to initiate the appropriate action when warranted and cites some cases as precedent for enforcing consistent attendance in the federal workplace.
She Fought the Law and She Won
A PhD candidate at University of Virginia fought back when the Defense Department ruled she did not qualify for the education reduced fee exemption under the FOIA and therefore would have to pay the full $900 due in fees for the agency’s efforts. She won at the influential U.S. Court of Appeals for the D.C. Circuit. She not only gets the reduced fee, her case sets a precedent that should affect how all agencies handle FOIA requests from students in the future.
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