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MSPB Refuses to Defer to EEOC, Reaffirms Prior Board Decision

A GS-11 Customs and Border Protection Officer (“CBPO”) suffering from sleep apnea requested an accommodation for his disability, and the agency, after finding that not requiring him to work the graveyard shift and substantial overtime on a permanent basis was not a reasonable accommodation, undertook a search for other suitable positions inside the commuting area. Not finding any, the agency effected the employee’s removal for physical inability to perform. The employee appealed the removal to the Board on the basis of disability discrimination. An MSPB administrative judge sustained the charge, finding that the employee failed to show that he could perform the essential functions of his position (including working the graveyard shift and overtime) with or without accommodation and that the employee failed to identify a reasonable accommodation which would allow him to continue working. The employee petitioned the full Board for review, and the Board upheld the administrative judge’s initial decision, citing the EEOC’s determination in Bouffard v. Department of Homeland Security, EEOC Appeal No. 0120065257, 2008 WL 276452 (E.E.O.C. Jan. 16, 2008), which stated that the ability to work rotational shifts and overtime is an essential function of the CBPO position, and an accommodation of not having to work rotational shifts and overtime is “in essence a request to change the essential function” of the job.

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Justice Department Review of Law Enforcement On The Way

For more articles like this one, read "Yesterday's Headlines, Today's Coverage" in the bottom left corner on the FEDS homepage.


In the wake of the controversial shooting death of a Missouri teenager by local police, and the protests that have followed, the Justice Department has announced that it will be leading a broad review of police tactics, especially the use of deadly force. On August 9th, teenager Michael Brown was fatally shot during an altercation with police. The incident has sparked a national debate over the “militarization” of law enforcement and especially regarding the role of police in the use of deadly force against unarmed antagonists. While protests continue in the town of Ferguson, MO, where the shooting occurred, the conversation has also moved to Washington, DC.

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Ride & Run to Remember - October 11-12, 2014

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Smithsonian Enlists Public to Transcribe Document Collections

GEICO’s Good Stuff is a column series highlighting great stuff happening in the federal community.

The Smithsonian Institution (SI) is expanding its efforts to leverage the power of crowds of volunteers to help digitize thousands of historical documents and make them available online.

Last week SI announced the launch of its Transcription Center.

“We are thrilled to invite the public to be our partners in the creation of knowledge to help open our resources for professional and casual researchers to make new discoveries,” said Smithsonian Secretary Wayne Clough. “For years, the vast resources of the Smithsonian were powered by the pen; they can now be powered by the pixel.”

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