Tuesday, February 03, 2015


How do Federal employees show that they were retaliated against in violation of the ninth PPP?

To establish a prima facie case of retaliation under section 2302(b)(9), the employee must show that: he or she engaged in a statutorily-protected activity; he or she was subsequently treated adversely by the agency; the deciding official (the person authorized to make the final decision on a disciplinary action) had actual or constructive knowledge that the employee engaged in the protected activity; and a causal connection exists between the protected activity and the personnel action.  Crump v. Department of Veterans Affairs,114 M.S.P.R. 224, ¶ 10 (2010).  Prima facie means that a party produces evidence that – unless rebutted – is sufficient to prove a particular proposition or fact.  Once a prima faciecase is established, the agency must demonstrate that the action would have been taken even in the absence of any protected activity.  Gerlach v. Federal Trade Commission9 M.S.P.R. 268, 271, 274-75 (1981) (citing Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274 (1977)).  

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