Daugherty v. Thompson

STEPHEN H. ANDERSON, Circuit Judge.

This case is a “mixed case” under the Civil Service Reform Act, 5 U.S.C. § 7702, involving an appeal to the Merit Systems Protection Board (“MSPB”) from an adverse personnel action, coupled with an allegation that the adverse personnel action was based upon prohibited discrimination. Plaintiff/appellant, Phillip G. Daugherty, invoking Title VII, 42 U.S.C. § 2000e-2000e 17, and the Rehabilitation Act, 29 U.S.C. § 794, appeals the district court’s grant of summary judgment to defendant Tommy G. Thompson, Secretary of the Department of Health & Human Services,…