Federal Circuit: Santos v. NASA

 

Agency had an obligation to establish by substantial evidence that the employee's performance was subpar both after the notice of potential dismissal and before the notice of potential dismissal.  Upon sufficient showing, the burden would then shift to the employee to establish discriminatory motive.

When the employee asserted that the performance report was due to protected military service commitments, administrative review had an obligation to assess the relevant factors, rather than just saying that the case hadn't been made.


Santos v. NASA