Brian J. Neary v. Kiran Ahuja, Director, Office of Personnel Management, et al.
AdministrativeLaw Arbitration ERISA CriminalProcedure Securities EmploymentDiscrimina Privacy JusticiabilityDoctri
Has the Executive Branch breached the Separation-of-Powers principle?
Question(s) Presented 1.) Has the Executive Branch of the U.S. Federal government breached the ; ‘Separation of Powers’ Principle by issuing Presidential Executive Order #13562? Thus, unlawfully legislating from the Oval Office, and, exceeding its delegated administrative authority; in violation of Article I of the U.S. Constitution: “All Legislative Powers herein granted shall be vested in a Congress of the United States” Whereby, creation of the Schedule-D Federal Excepted Service Hiring Authority has permanently established a fraudulent 2.) Does the Schedule-D Federal Excepted Service Hiring Authority PATHWAYS Recent Graduates Program employment advertising policy, managed by the U.S. Office of Personnel Management, infringe upon 29 C.F.R. § 1625.4 (a) of the U.S. EEOC employment standards, rules, and regulations? 3.) Does the Schedule-D Federal Excepted Service Hiring Authority PATHWAYS Recent Graduates Program employment advertising policy, managed by the U.S. Office of Personnel Management, violate 29 U.S.C. § 623 (e) of the ADEA? “Printing or publication of notice or advertisement indicating Preference, Limitation, etc” 4.) Is the Schedule-D Federal Excepted Service Hiring Authority PATHWAYS Recent Graduates Program recruitment & selection policy 2-year maximum Educational Qualification Limitation prerequisite for employment furtively infringing upon 29 U.S.C. § 623 (Section 4) A2 of the ADEA? 5.) Did the U.S. Office of Personnel Management deliberately violate federal oversight delegation authority 5 U.S.C. § 1104 (Subsection b) [2, 3], when Deputy Associate Director of Merit System Accountability and Compliance Ana A. Mazzi explicitly ordered all Federal Agency Human Resources Directors nationwide to exclude the Schedule-D PATHWAYS Programs from a government-wide audit of the Federal Excepted Service Hiring Authorities for effectiveness, compliance with federal law,government regulations, and the Merit System Principles; 5 U.S.C, § 2301 (Subsection b) (1),(2)? 6.) Is the United States Court of Appeals for the Second Circuit Judicial mandate of “Frivolity and Meritless . . . lacking an arguable basis in either fact or law” issued upon my [442] employment civil complaint a cursory, vague, unexplained and purely subjective ruling; by completely disregarding the double-standard evident within the exemption of the Schedule-D national federal hiring policy? 7.) Was the U.S. District Court for the Eastern District of New York Order of Dismissal citing the Plaintiffs “Failure to State a Claim” an erroneous Judicial decision, as it pertains to my ‘Standing’ as an aggrieved federal job applicant ? i