In review of MSPB mixed-case complaints (i.e. constructive removal arising from discrimination), do Federal District Court rules, processes and decisions that separate underlying factual allegations and evidence of discrimination from claims of constructive removal conflict with U.S. Supreme Court decisions in Perry (2017) and Lentz (2017)?

QUESTION(S) PRESENTED 1. In review of MSPB mixed-case complaints (i.e. constructive removal arising from discrimination), do Federal District Court rules, processes and decisions that separate underlying factual allegations and evidence of discrimination from claims of constructive removal conflict with U.S. Supreme Court decisions in Perry (2017) and Lentz (2017)? 2. Does a forced, involuntary accommodation of a qualified, disabled Federal employee by “Permanent Reassignment as an Accommodation’ rise to the level of involuntariness sufficient to support claims of constructive removal where the employee declined the reassignment as an accommodation, yet he/she was nonetheless reassigned despite having declined, and he/she therefore retired? 3. Does willing and purposeful interference with rights under the Rehab Act and FMLA, otherwise defined as coercion under the FMLA and the Rehab Act, rise to the level of involuntariness sufficient to support claims of constructive removal? : 4. Under Green (2016), does the complaint and limitations period accrue with the MSPB, such as to allow a Federal employee to file a complaint of constructive removal with the MSPB, | immediately upon notice of retirement rather than after the effective date of that retirement? That | is, can a Federal employee file a complaint of constructive removal prior departing, as indicated in | | Green (2016)? | | | , ee On