C.F.R. » Title 5 » CHAPTER II—MERIT SYSTEMS PROTECTION BOARD › SUBCHAPTER A—ORGANIZATION AND PROCEDURES › PART 1201—PRACTICES AND PROCEDURES › Subpart E—Procedures for Cases Involving Allegations of Discrimination

5 C.F.R. § 1201.151

Scope and policy

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Scope. (1) The rules in this subpart implement 5 U.S.C. 7702. They apply to any case in which an employee or applicant for employment alleges that a personnel action appealable to the Board was based, in whole or in part, on prohibited discrimination.

(2) “Prohibited discrimination,” as that term is used in this subpart, means discrimination prohibited by:

(i) Section 717 of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-16(a));

(ii) Section 6(d) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(d));

(iii) Section 501 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 791);

(iv) Sections 12 and 15 of the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. 631, 633a); or

(v) Any rule, regulation, or policy directive prescribed under any provision of law described in paragraphs (a)(2) (i) through (iv) of this section.

(b) Policy. The Board's policy is to adjudicate impartially, thoroughly, and fairly all issues raised under this subpart.

Notes of Decisions
Cited in 58 cases (16 in the last 5 years), 1985–2026 · leading case: Leslie Kerr v. Sally Jewell, 836 F.3d 1048 (9th Cir. 2016).
Sort: Relevance Newest Treatment
Leslie Kerr v. Sally Jewell, 836 F.3d 1048 (9th Cir. 2016). · cites it 3× “” 5 C.F.R. § 1201.151 (a)(1); see also 29 C.”
Clarence Seay, Jr. v. Tennessee Valley Auth. Craven Crowell, 339 F.3d 454 (6th Cir. 2003). “302 ) or with the MSPB (pursuant to 5 C.F.R. § 1201.151 ), but not with both.”
Steven Crowe v. Christine Wormuth, 74 F.4th 1011 (9th Cir. 2023). “302 (b) (“An aggrieved person may initially file a mixed case complaint with an agency pursuant to this part or an appeal on the same matter with the MSPB pursuant to 5 CFR 1201.151, but not both.”). To cure this deficiency, Crowe requested that the part of his EEO complaint…”
Kerr v. Merit Sys. Prot. Bd., 908 F.3d 1307 (Fed. Cir. 2018). “302 (a) ; 5 C.F.R. § 1201.151 . In such cases, "the intersection of federal civil rights statutes and civil service law has produced a complicated, at times confusing, process for resolving claims of discrimination in the federal workplace.”
Evelyn McAdams v. Janet Reno, United States Attorney Gen., in Her Off. Capacity & as Agency Head United States of Am., 64 F.3d 1137 (8th Cir. 1995). “421 3 ; 5 C.F.R. §§ 1201.151 — 1201.175. A mixed case may be filed as a complaint with the agency’s EEO department or as an appeal to the MSPB, but not both.”
Francis X. Downey v. Marvin T. Runyon, Jr., Postmaster Gen., 160 F.3d 139 (2d Cir. 1999). “302 (b); 5 C.F.R. § 1201.151 . On May 22, 1995, Downey filed an appeal with the MSPB challenging his 1992 termination from the Postal Service.”
Stoll v. Principi, 449 F.3d 263 (1st Cir. 2006). “See 5 C.F.R. § 1201.151 . Alternatively, she may lodge an EEO complaint with her agency.”
Furey v. Mnuchin, 334 F. Supp. 3d 148 (D.C. Cir. 2018). “302 (a)(2) ; see also 5 C.F.R. §§ 1201.151 - 1201.175 ; 5 U.S.C.”
Amirmokri v. Dep't of Energy, 310 F. App'x 410 (Fed. Cir. 2009). · cites it 3× “An aggrieved person may initially file a mixed case complaint with an agency pursuant to this part or an appeal on the same matter with the MSPB pursuant to 5 CFR 1201.151, but not both. An agency shall inform every employee who is the subject of an action that is appealable to…”
John W. Ballard v. Tennessee Valley Auth., 768 F.2d 756 (6th Cir. 1985). “Paralleling § 7701(a)(1), Subpart D, states that “Except as otherwise expressly provided by this subpart, all actions involving allegations of prohibited discrimination shall comply with the regulations regarding hearing procedures set forth in Subpart B of this part.”
Morris v. Jackson, 842 F. Supp. 2d 171 (D.D.C. 2012). “§ 7702 (a)(1)(B); 5 C.F.R. § 1201.151 (a)(2); 29 C.F.R. § 1614.”
Mitchell B. Leak v. Marvin Runyon, Postmaster Gen. United States Postal Serv., 91 F.3d 131 (4th Cir. 1996). “or an appeal on the same matter with the MSPB pursuant to 5 C.F.R. 1201.151, but not both." 29 C.F.”
Show all 58 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.