Saturday, February 07, 2015

marital status and political affiliation discrimination, MSPB

To prove marital status discrimination, an employee must demonstrate that unmarried employees were treated differently from married employees.  Stokes v. Federal Aviation Administration761 F.2d 682, 685 (Fed. Cir. 1985).  Thus, such a claim does not include circumstances that may result from your marital status, e.g., child care responsibilities.  

Political affiliation discrimination does not cover “office politics” or political correctness.  Rather, it means discrimination based on a person’s affiliation with any partisan political party or candidate.  Mastriano v. Federal Aviation Administration714 F.2d 1152, 1155 (Fed. Cir. 1983).  As such, it harkens back to the roots of MSPB, the Pendleton Act of 1883, which replaced the patronage system with a merit system. 

EEOC does have authority to decide claims of discrimination under the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Fair Labor Standards Act, and the Rehabilitation Act, and to award appropriate remedies, but it lacks authority with respect to claims of discrimination based on marital status or political affiliation.

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