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http://www.onlinene wspapers. com/
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Veterans Chalk Up Wins at MSPB and Court - Part Two
This is part two of Steve Oppermann's article on "Veterans Chalk up Wins at MSPB and Court" and a string of wins for veterans applying for federal jobs in recent cases.

Posted: October 22, 2009 6:49 AM | Full Story

Federal Circuit Sides With Disabled Vets on Excepted Service Positions
Veterans Chalk Up Wins at MSPB and Court - Part One
Veterans Preference, Federal Hiring and Outstanding Scholars
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http://faxzero.com/ Free Fax•Free!•Ad on the cover page•Fax 1 document - maximum 3 pages •Maximum 2 free faxes per day
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Suing Federal Employees, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) - In Bivens the United States Supreme Court allowed individuals to sue federal employees who wrongfully deprived them of their constitutional rights. Brief - Medical Malpractice Claims Against Public Health Service and Federally Funded Community Health Center Physicians - 2002 Brief - Governmental Immunity for Public Health Service Physicians - Cuoco v. Moritsugu, No. 98-2954 (2d Cir. 07-28-2000)
Brief - When is a contractor physician a U.S. Public Health Service employee? - Dedrick v. Youngblood, 200 F.3d 744 (11th Cir. 2000)
Supreme Court standards for governmental immunity - Harlow v. Fitzgerald, 457 U.S. 800 (1982)
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People's filed EEO again management, 4 EEO waiting for hearing, cover most of the matters. now management retaliations over and over. they never stop. as people can only file EEO once for the same matter. how what to do, while waiting for hearing???

Don't even bother suing under "Bivens". I think the only case that prevailed under Bivens, was in 1971. Trust me, I have a case pending in Court against government employees who (in what I believe were working outside the scope of their employment to harass, discriminate, etc.)The Court is the one who actually bought forth that the claim I was trying to bring was under Bivens... and then, they kind of throw it out. Bizarre, unfair, and not surprised!

Circuits split over Bivens liability against private prison guards - Bender v. General Services Administration, 539 F.Supp.2d 702 (S.D.N.Y. 2008)
http://biotech.law.lsu.edu/cases/prisons/bender.htm
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What is a "cause of action" under Bivens? - Davis v. Passman, 99 S. Ct. 2264, 442 U.S. 228 (U.S. 1979)
http://biotech.law.lsu.edu/cases/immunity/passman.htm
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Suing Your Federal Government for Civil Rights Violations
http://www.constitution.org/grossack/bivens.htm
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Improving the Participation Rate of People with Targeted Disabilities in the Federal Work Force
http://www.eeoc.gov/federal/report/pwtd.html
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2008 Article
Number of disabled in federal work force continues to decline
http://govpro.com/issue_20070101/gov_imp_78175/

Within the federal government, unfounded fears, myths and stereotypes persist regarding the employment of people with disabilities.

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I think its messed up that a person can only get pocket change when they go up against the PO and the PO is found to have discriminated against this person. If the government were to open the limits up then I think the PO would think twice as to what they doing and if what they would be doing would discriminate against an individual. Most cases dont even see the cap of 300,000 and only get half that which is nothing in comparison to the 52000 dollars/year you loose when you dont have a job anymore. That doesnt even compare to the emotinonal and physical hell you go thru when you decide to persue these cases. I mean when an individual buisness man has to pay his butt out for insurance to protect lawsuit in his buisness due to being able to be sued without limits why should the PO be any different if they are breaking the law too. I really think this would clear up alot of the mistreatment when they have to start forking out millions of dollars on each case. I know it would make me think twice.

http://www.fedsmith.com/article/2159/dc-ci...-should-report.html

D.C. Circuit Holds That Employees Should Report Sexual Harassment Promptly
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The recent buzz about David Letterman's affair with a staffer has brought issues of workplace sexual harassment back into the limelight. For federal employees, a recent court decision makes it important for employees to report harassment promptly.
http://www.fedsmith.com/articles
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I. AGENCY DISMISSAL PROCESS
Section 1614.107(a) sets out the circumstances under which an agency may dismiss a complaint. An agency's authority to dismiss a complaint ends when a complainant requests a hearing. An agency should process dismissals expeditiously.
A. Bases for Dismissals that May Exist As of the Filing of the Complaint or Develop Thereafter
1. Untimely Counseling Contact-§ 1614.107(a)(2)
2. Untimely Filing of the Formal Complaint-§ 1614.107(a) (2)
3. Failure to State a Claim-§ 1614.107(a)(1)
4. Abuse of Process-§ 1614.107(a)(9)
5. States the Same Claim-§1614.107(a)(1)
6. Complainant Files a Civil Action-§ 1614.107(a)(3)
7. Issue Has Been Decided-§ 1614.107(a)(3)
8. Allegation Raised in Negotiated Grievance Proceeding-§ 1614.107(a)(4)
9. Appeal Made to MSPB-§ 1614.107(a)(4)
10. Complaint Alleges a Preliminary Step-§ 1614.107(a)(5)
11. Complaint is Moot-§ 1614.107(a)(5)
12. Dissatisfaction with the Processing of a Complaint-1614.107(a)(8)