Nature of the Case
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Facts
Bohac (P) appealed her removal from her geneticist position with USDA (D). She won her appeal on grounds related to the Whistleblower Protection Act. P then filed a motion for damages including $150,000 for non-pecuniary damages. These included damages for physical and emotional suffering and damages to her personal and professional reputation and various injuries to family life. Those claims were denied; non-pecuniary damages do not constitute consequential damages allowable under the Act. Pursuant to the Act, 5 U.S.C. 1221(a) the reviewing Board may place the person back into the position had the retaliation not occurred, and it may give back pay, related benefits, medical costs, travel expenses and any other reasonable and foreseeable consequential changes. P reviewed the decision of the administrative judge by the full Board, they affirmed. This appeal resulted.
Holding and Decision
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Legal Analysis
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