Legal Opinion · Dissent

McGuire v. Department of Aging

Commonwealth Court of Pennsylvania

Decided June 7, 1991No. 425, 426 C.D. 1990Published

1DissentBarbieri, Senior Judge

Respectfully, I must dissent.

Pursuant to Section 905.1 of the Civil Service Act (Act),1 a public employer shall not discriminate with respect to any personnel action against a person in the classified service on the basis of non-merit factors. A person, who is aggrieved by an alleged violation of this section, may, under Section 951(b) of the Act, 71 P.S. § 741.951(b), appeal the violation to the Civil Service Commission (Commission), which must hold a hearing on the matter. At this hearing, the only issue before the Commission is whether the employer discriminated against the employee, as…

2Cases cited1 opinion

  1. Sauers v. Commonwealth, Department of Public Welfare, Bucks County Board of AssistanceCommonwealth Court of Pennsylvania · 1983

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