Patent Examiner Loses Appeal In Discrimination Case

Law360, New York (October 9, 2008, 12:00 AM EDT) -- A patent examiner who claimed he was passed over for better jobs because of the federal merit system's unlawful preference for females and minorities lost his appeal on Wednesday because of a lack of jurisdiction.

The federal Merit Systems Protection Board — an independent, quasi-judicial agency in the executive branch that serves as the guardian of federal merit systems — did not have jurisdiction over Lenard A. Footland's discrimination claims, the U.S. Court of Appeals for the Federal Circuit said Wednesday, affirming the board's 2007 decision....
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