Developments at OPM: In a final regulation published in the Federal Register on February 22, 2013, the Office of Personnel Management (OPM) finalized changes to existing regulations to simplify the paperwork for qualified disabled applicants to apply for federal jobs under "Schedule A Hiring Authority". The final rule appears at 78 Fed.Reg. 12,219.
News from the Courts: On February 5, 2013, a panel of the U.S. Court of Appeals for the D.C. Circuit upheld the dismissal of an EEO complaint in Dyson v. District of Columbia, Case No. 11-7146. The court found that the employee's filing of an intake questionnaire with the Equal Employment Opportunity Commission (EEOC) was not enough to meet the statute of limitations for starting her EEO complaint, and so her lawsuit was dismissed as untimely.
Developments at the MSPB: On February 8, 2013, the Merit Systems Protection Board (MSPB) published a notice announcing an opportunity for interested parties to file amicus briefs in Day v. Department of Homeland Security. In Day, the MSPB will decide whether the Whistleblower Protection Enhancement Act of 2012 (WPEA) applies retroactively.
Developments at the MSPB: On January 31, 2012, the Merit Systems Protection Board (MSPB) issued its annual report for FY 2012. The report reflects a substantial decrease in new appeal filings at the MSPB, and several significant changes in the overall mix of cases heard by the MSPB as compared to prior years.