Employment & Labor Law
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KELLIHER v. VENEMAN
16 Fla. L. Weekly Fed. C46 (11th Cir. November 15, 2002)
Former USDA inspector alleged that he was discriminated against and terminated in violation of the ADEA and Title VII and in retaliation for calls to the wHISTLE BLOWER hot-line. The employer claimed that the employee was terminated for performance problems, insubordination, and dereliction of duty. The Merit Systems Protection Board heard the civil service claims and found for the USDA. On an issue of first impression the court announced the proper standard of review to be applied by the district courts in reviewing MSPB decisions. The de novo standard of review is to be applied to discrimination claims presented in cases containing both discrimination and non-discrimination claims. All other claims are reviewed to ensure that determinations are (1) not arbitrary or capricious, (2) made without regard to law, or (3) not based on substantial evidence.
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