‘Unfit’ Border Agent Wins Bid to See Psychological Assessments

A U.S. Customs and Border Protection officer deemed “unfit” for duty after a medical review must be allowed access to the supporting psychological assessments and notes before he may be fired, the Federal Circuit ruled.

The ruling is the circuit’s first time addressing when due process requires a government agency to provide an employee with psychological testing records underlying an adverse fitness-for-duty evaluation that results in termination, Judge Jimmie V. Reyna said.

The Department of Homeland Security removed Roberto Ramirez from his job after a review spurred by his wife’s report that he pointed a cocked and loaded gun at ...