Report from MSPB Explains Federal Civil Service Employment Due Process | Practical Law
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The US Merit Systems Protection Board (MSPB) issued a report outlining the various due process standards for federal civil service employees, and explaining the underlying reasons for those standards. The report, titled "What Is Due Process In Federal Civil Service Employment?," traces the history and evolution of the processes and rules by which federal civil service agencies take adverse actions against federal civil service employees. The report then highlights the core statutory and constitutional due process requirements that currently must be followed in varying types of employee disciplinary matters, with the two touchstone requirements being: 1) A meaningful opportunity for the individual employee to know the charges against him/her in advance and present a defense; and 2) the ability to appeal a serious adverse action to an impartial adjudicator.