Conforto v. Merit Sys. Protection Bd., No. 12-3119 (Fed. Cir. 2013)
Annotate this CaseConforto worked for the Department of the Navy for 39 years; she alleges that she was forced to retire in 2010 because of events motivated by age and sex discrimination, and retaliation for prior equal employment opportunity activity. Her parking space was taken away; her subordinate was promoted over her; and she was denied permission to attend training. After Conforto submitted retirement papers but before her retirement became effective, her supervisor criticized her work, issued a formal letter of reprimand, denied a request for sick leave, and proposed to suspend her. After her retirement the agency charged her with improperly copying materials from her work computer, gave her a negative appraisal, and denied a bonus or raise for 2010. The Department concluded that she had not been subjected to discrimination or retaliation and had retired voluntarily. The Merit Systems Protection Board dismissed her appeal for lack of jurisdiction, finding her retirement voluntary. The Federal Circuit affirmed, rejecting a challenge to its jurisdiction under the Supreme Court’s decision in Kloeckner v. Solis (2012). Jurisdiction exits under 5 U.S.C. 7702(a)(1) in “mixed cases,” in which an employee has been affected by an action which the employee may appeal to the Merit Systems Protection Board and alleges discrimination.
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