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Administrative Law Keyed to Funk
Jackson v. Veterans Administration
Citation:
768 F.2d 1325 (1985)Facts
Riley Jackson was an Animal Caretaker Foreman at the Veterans Administration Medical Center in Denver. He was removed from his position based on five alleged incidents of sexual harassment involving a subordinate employee, Ms. LaSalle. The first incident (Incident A) involved Jackson allegedly kissing Ms. LaSalle while she was talking on the telephone in a basement hallway. The second incident (Incident D) involved Jackson repeatedly asking Ms. LaSalle for a kiss in exchange for allowing her to leave work early on bowling nights. The presiding official heard testimony from multiple witnesses, including Ms. LaSalle, her roommate Mr. Kester who was on the phone during the alleged kiss, Ms. Herring who witnessed the requests for kisses, and Jackson himself who denied all allegations. The presiding official found Jackson’s testimony credible and ruled that none of the incidents were established by a preponderance of evidence. The MSPB reversed this decision regarding Incidents A and D.
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