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BORSARI v. F.A.A.

No. 533, Docket 82-4140.

699 F.2d 106 (1983)

Peter D. BORSARI, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent. Merit Systems Protection Board, Intervenor.

United States Court of Appeals, Second Circuit.

Decided February 1, 1983.

Attorney(s) appearing for the Case

James R. Moffatt, Mineola, N.Y., for petitioner Peter D. Borsari.

Richard A. Simpson, Asst. U.S. Atty., New York City (John S. Martin, Jr., U.S. Atty., Peter C. Salerno, Asst. U.S. Atty., New York City, of counsel), for respondent F.A.A.

Mary M. Jennings, Atty., Merit Systems Protection Bd., Washington, D.C. (Evangeline W. Swift, Gen. Counsel, Rita S. Arendal, Washington, D.C., Atty., Merit Systems Protection Bd., of counsel), for intervenor Merit Systems Protection Bd.

Before FEINBERG, Chief Judge, and KAUFMAN and CARDAMONE, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The merit system lies at the heart of the American civil service. The Civil Service Reform Act of 1978 guarantees that federal employment decisions will not be based on extraneous factors such as race, color, religion, sex, or national origin. That statute also protects federal employees from being penalized for certain types of off-duty misconduct. Federal agencies, however, were never intended to be restrained from taking steps...

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