Perspective: The Department of Veterans’ Affairs stopped using a 2017 law that reduced civil service protections for employees because of numerous legal decisions against it.
, meant VA officials spent so much time defending the law that it interfered with other work.
• A 2021 ruling by the same court undercut the VA’s ability to use “substantial evidence,” instead of “the higher preponderance of the evidence standard” in cases involving employee misconduct. “As a result of these recent decisions, VA is currently unable to utilize Section 714 for a large portion of its workforce,”in a letter to Tester. “Moreover, given these recent decisions, there are few remaining practical differences between Section 714 and traditional” disciplinary measures. Similar language was used in a March 5 memo to VA officials from Assistant VA Secretary Gina M. Grosso.Rep.
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