Tuesday, February 03, 2015


To establish a prima facie violation of 5 U.S.C. § 2302(b)(10) applying the (b)(9) framework, the appellant must demonstrate that: (1) He engaged in activity that did not adversely affect his performance; (2) he was subsequently treated in an adverse fashion by the agency; (3) the deciding official had actual or constructive knowledge of the appellant’s (b)(10) activity; and (4) there is a causal connection between the (b)(10) activity and the adverse action. See Crump v. Department of Veterans Affairs, 114 M.S.P.R. 224, ¶ 10 (2010); Wildeman v. Department of the Air Force, 23 M.S.P.R. 313, 320 (1984); see also Warren v. Department of the Army, 804 F.2d 654 (Fed. Cir. 1986).

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