Federal Circuit Remands Army Discrimination Case

Law360, New York (August 14, 2006, 12:00 AM EDT) -- The U.S. Court of Appeals for the Federal Circuit has overturned and vacated a U.S. Merit Systems Protection Board decision over awarding back pay to a former welder for the U.S. Department of the Army.

At the center of Joseph E. Smith v. Department of the Army is whether Smith was entitled to back pay even after he was removed from his job.

He argued that the department should have transferred him to an alternative position that he was physically able to do. He demanded the...
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