Amendment requires that the Merit Systems Protection Board rely on a consistent standard for "clear and convincing evidence" as the burden of proof that must be met to sustain an agency's affirmative defense (that it would have taken the same personnel action independent of an employee's protected conduct).

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Amendment Number
42
Description
Amendment requires that the Merit Systems Protection Board rely on a consistent standard for "clear and convincing evidence" as the burden of proof that must be met to sustain an agency's affirmative defense (that it would have taken the same personnel action independent of an employee's protected conduct).
Purpose
An amendment numbered 2 printed in House Report 110-48 to require that the Merit Systems Protection Board rely on a consistent standard for `clear and convincing evidence' as the burden of proof that must be met to sustain an agency's affirmative defense (that it would have taken the same personnel action independent of an employee's protected conduct). Under the amendment, `clear and convincing evidence' would be defined as `evidence indicating that the matter to be proved is highly probable or reasonably certain.
Congress
110
Type
HAMDT
Latest Action Date
Mar 14, 2007
Latest Action Text
On agreeing to the Platts amendment Agreed to by voice vote.
Latest Action Time
16:31:22
Submitted Date
Mar 14, 2007
Chamber
House of Representatives
Update Date
Feb 3, 2022
Amendment 42 — Informed