Gross is Not Applicable to Mixed Motive Cases under Amended Americans with Disability Act

Robert Southerland v. Dep’t of Defense, Docket Nos. SF-0752-09-0864-R-1, SF-0752-10-0111-R-1 (MSPB Oct. 5, 2011)

In August 2011, the Merit Systems Protection Board posted its decision in Southerland v. Dep’t of Defense adopting the Gross v. FBL Financial Services mixedmotive standard in application to a post-ADAAA disability discrimination case.

In a reversal of its August 2011 decision, the Board " VACATE[d its] August 25, 2011 Opinion and Order in its entirety, and SUBSTITUTE[d]" the new decision.

September

Indefinite Suspension of Employee During Investigation is Illegal

Greene v. Dep’t of Homeland Security, Docket No. AT-0752-10-1029-I-1 (MSPB Sept. 9, 2011).

September