context: The medical evidence is not disputed by the USPS on this appeal, although the USPS argues that Ms. Malloy's disrespectful statements and inadequate performance warrant her removal from service. However, when mental impairment or illness is reasonably substantiated, and is shown to be related to the ground of removal, this must be taken into account when taking an adverse action against the employee.
citation_a.signal: see
citation_a.identifier: 42 M.S.P.R. 233, 241
citation_a.parenthetical: the employee's testimony that "he was under severe emotional distress at the time he committed the acts in question" must be considered in assessing the reasonableness of the penalty
citation_a.sentence: See Hanna v. Dep’t of Army, 42 M.S.P.R. 233, 241 (1989) (the employee’s testimony that “he was under severe emotional distress at the time he committed the acts in question” must be considered in assessing the reasonableness of the penalty); see also Robb v. Dep’t of Def, 77 M.S.P.R. 130, 133 (1997) (“An employee in an AWOL-based adverse action may rely upon medical evidence of illness not previously submitted to the agency as a defense to the action.”).
citation_b.signal: see also
citation_b.identifier: 77 M.S.P.R. 130, 133
citation_b.parenthetical: "An employee in an AWOL-based adverse action may rely upon medical evidence of illness not previously submitted to the agency as a defense to the action."
citation_b.sentence: See Hanna v. Dep’t of Army, 42 M.S.P.R. 233, 241 (1989) (the employee’s testimony that “he was under severe emotional distress at the time he committed the acts in question” must be considered in assessing the reasonableness of the penalty); see also Robb v. Dep’t of Def, 77 M.S.P.R. 130, 133 (1997) (“An employee in an AWOL-based adverse action may rely upon medical evidence of illness not previously submitted to the agency as a defense to the action.”).