US Court Finds No Prejudice in Google Search of Employment History

A US court has declared no prejudice to a petitioner (Mullins) in a case in which an Administrative Judge of the United States Merit System Protection Board used Google to research Mullins' prior disciplinary hearings, where the knowledge did not affect the Judge's decision. The US Court of Appeals for the Federal Circuit stated (in Mullins v Department of Commerce, 06-3284, May 4, 2007) that ex parte communications are "procedural defects only when they cause prejudice that undermines due process guarantees." The Court further found that no ex-parte communication occurred when the Administrative Judge used Google to discover for herself that Mullins had previously been removed from two federal services jobs. The Court ruled that knowledge of the petitioner's two prior job losses did not affect the Judge's decision to remove the petitioner. Before the Judge discovered the prior job losses, 102 specifications to support the four charges of misuse and misconduct against Mullins had already been brought forward in the case. The Court found that the Merit Systems Protection Board's decision to affirm the petitioner's removal was supported by substantial evidence and was in accordance with the law, both substantively and procedurally. The full reasons for judgment are found at this link: Mullins v Department of Commerce Summary by: Jason Young