Federal agency personnel face the reoccurring problem of making fair and provable decisions that will stand up to third party review — minimizing actions that lead to claims of whistleblower reprisal, discrimination and more. And while union and employee representatives must constantly evaluate the changing climate at the MSPB and express needs to use arbitration and appeals, they must also stay focused on resolving cases.

Mr. Vitaro brings you up to date on the MSPB’s most recent rulings — critical to those who take or defend actions that go to the MSPB. You get details on new cases involving adverse actions, including falsification, attendance-related violations, insubordination, negligence, sex discrimination and threatening conduct, plus cases involving the Veterans Employment Opportunities Act (VEOA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA), and mixed cases surrounding EEO reprisal.

Plus, Mr. Vitaro provides lessons learned from the cases, including how to:

• Spot the factors that strengthen or weaken cases
• Use the elements of specific adverse actions and those Douglas factors that lead to significant penalties
• Handle mixed cases, particularly disability discrimination elements and defenses

What's more, you learn how the new amendments to the Rehabilitation Act will impact the Board's decisions in mixed cases, and what parties can expect from a reconstituted Board under the new administration.