James B. King, Director, Office of Personnel Management v. Phillip G. Hillen and Merit Systems Protection Board
Court of Appeals for the Federal Circuit
1Opinion of the Court
PAULINE NEWMAN, Circuit Judge.
The Office of Personnel Management, acting through its Director, appeals the decision of the Merit. Systems Protection Board 1 that certain conduct of Phillip G. Hillen did not constitute “hostile environment” sexual harassment. The Board and Mr. Hillen defend the decision. We vacate the decision of the Board, and remand for redetermination on the correct law.
I
BACKGROUND
In 1985 Phillip G. Hillen, senior civilian manager at the Army’s Military Traffic Management Command, was removed from service by the Command, based on a series of incidents involving five women…
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