Saturday, February 07, 2015

contributing factor

5 U.S. Code § 1221 (e)(1)

Subject to the provisions of paragraph (2), in any case involving an alleged prohibited personnel practice as described under section 2302 (b)(8) orsection 2302 (b)(9)(A)(i), (B), (C), or (D), the Board shall order such corrective action as the Board considers appropriate if the employee, former employee, or applicant for employment has demonstrated that a disclosure or protected activity described under section 2302 (b)(8) orsection 2302 (b)(9)(A)(i), (B), (C), or (D) was a contributing factor in the personnel action which was taken or is to be taken against such employee, former employee, or applicant. The employee may demonstrate that the disclosure or protected activity was a contributing factor in the personnel action through circumstantial evidence, such as evidence that—

Contributing factor means any disclosure that affects an agency’s decision to threaten, propose, take, or not take a personnel action with respect to the individual making the disclosure. 

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