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
.

Suing Your Federal Government for Civil Rights Violations
http://www.constitution.org/grossack/bivens.htm
.

Improving the Participation Rate of People with Targeted Disabilities in the Federal Work Force
http://www.eeoc.gov/federal/report/pwtd.html
.

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.

.

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
--------------------------------
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
.

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)

The Commission has held that a failure to provide a reasonable accommodation constitutes a recurring violation, that is, a violation that recurs anew each day that the agency fails to provide the accommodation. Harmon v. Office of Personnel Management, EEOC Request No. 05980365 November 4, 1999); Henery v. Department of Navy, EEOC Appeal Nos. 01A22792 and 01A22794 (April 2, 2003).
.

I like the 2008 Bivens case you cited, (1) because she was a pro se litigant; (2) It was against SSA; and (3) It was reversed in her favor. But, they are few and far between.

Yes they are rare. I did see another one like this that was a winner about a year a so ago but I didn't keep it. I wish I had. The thing about Bivens is that there are a lot of case law in it.
.

Edited by author 10-29-2009 12:05 PM
New study case:

Employees files many EEO, CA-1 for OWCP against Post master.

now can Post Master requested USPS- OIG look into the employees, tracking employees, where did employee travelling during OWCP? look into employee's passport; can they do there? how far OIG can proceed, are they any limited? siice file OWCP, should than be OWCP investigative look into or OIG must look into then report to OWCP?
thanks

http://www.riskandinsurance.com/story.jsp?storyId=280023982

'Inflexible' WC leave policy leads to record payout for Sears
Sears, Roebuck and Co. recently agreed to pay $6.2 million to settle a 5-year-old lawsuit charging that its workers' compensation leave policy violated federal disability discrimination law.

The Equal Employment Opportunity Commission said the consent decree is the largest Americans with Disabilities Act settlement in a single lawsuit in the agency's history. The case is Equal Employment Opportunity Commission v. Sears, Roebuck and Co., No. 04 C 7282 (N.D. Ill. consent decree approved 09/29/09).

The EEOC filed the action in 2004, alleging that Sears violated Title I of the ADA by terminating hundreds of employees who had exceeded the retailer's "inflexible" one-year workers' comp leave policy. According to the EEOC, after one year, Sears automatically terminated employees who were on workers' comp leave due to a disability from a work-related injury. It also alleged the company failed to accommodate these employees. According to the EEOC, appropriate accommodations could have included an extension of the one-year leave of absence period or returning the employee to work with an accommodation.

/m6262-
Sounds like we could use this argument with USPS. Great post.

Any advice from the experts on which forum to proceed (EEO or MSPB) when walked out by USPS on NRP. It appears to be a mixed-case. Not sure which would be best.

walkedout...please read posting 6188 by PEA a very knowledgeable person whom I have met and seen in action. Also look up the class action suit against USPS on this very same action. The name is somewhere in this forum.More than likely you will file a EEO complaint. Were any "bosses pets" walked out?