The Trump administration last week proposed new regulations that would nullify a decades-old legal framework agencies use to mete out and justify federal employee discipline in favor of what critics say will be a vaguer and less fair standard.
In a proposed rule published in the Federal Register, the Office of Personnel Management and Merit Systems Protection Board jointly called for “retiring” the Douglas factors, a list of 12 criteria agencies are expected to employ when they consider disciplinary measures, developed in a 1981 MSPB case shortly after the implementation of the 1978 Civil Service Reform Act. They include, among other things, the severity of the defense, an employee’s past performance and conduct and their potential for rehabilitation.
But OPM and MSPB argued that rubric had grown too restrictive, and that agencies had taken a “mechanical” approach to apply each factor to a given disciplinary case, disincentivizing managers from pursuing adverse actions against their employees.
“In proposing this departure from the 12-factor Douglas test, MSPB acknowledges that Douglas has long been a cornerstone of federal employment law,” the agencies wrote. “However, over the ensuing decades, agencies and, occasionally, MSPB, have applied Douglas in a rigid, mechanistic way that the original decision never contemplated or prescribed. For the reasons set forth in this proposed rule, and in conjunction with OPM’s streamlining of performance management policy, the board...
TikToker Camilla Alhassan Jailed 1 Year Over False Claims About Prez Mahama BBC CNN DW CGTN NBC ABC ALJazeera France24 JoyNews CitiTV Net2TV TV3 UTV DelayTV KofiTV MagrahebTV MGTV OTHERS | Movies...