Developments at the MSPB: On March 20, 2013, the Merit Systems Protection Board (MSPB) published a notice in the Federal Register announcing an opportunity for interested parties to file amicus briefs in King v. Dept. of the Air Force. In King, the MSPB will decide whether the compensatory damages provisions of Whistleblower Protection Enhancement Act of 2012 (WPEA) apply retroactively.
Developments at the EEOC: On March 13, 2013, the Equal Employment Opportunity Commission (EEOC) issued a report from its African American Working Group, discussing the findings of the African American Working Group concerning continuing obstacles facing African-American federal employees. The report was prepared at the request of the EEOC Office of Federal Operations, and summarized the observations of various stakeholder groups which were polled by the African American Working Group.
News from the Federal Circuit: on March 14, 2013, the U.S. Office of Special Counsel (OSC) filed an amicus curiae ('friend of the court') brief in Berry, Director, Office of Personnel Management v. Conyers, Northover and Merit Systems Protection Board, Case No. 2011-3207, a case pending before the U.S. Court of Appeals for the Federal Circuit. Passman & Kaplan previously analyzed Conyers/Northover, which currently awaits rehearing before the entire Federal Circuit, in this blog and in its Federal Legal Corner.
News on Security Clearances: As recently reported in the Washington Post, in preparation for possible civilian furloughs in connection with the present federal budget, elements of both the Department of the Navy and the Department of the Air Force have issued guidance to affected employees on how to avoid problems with their security clearances from the financial effects of furloughs.
Developments at the MSPB: On February 28, 2013, the National Employment Lawyers Association (NELA) filed an amicus brief urging the Merit Systems Protection Board (MSPB) to give retroactive effect to provisions of the Whistleblower Protection Enhancement Act (WPEA) in Day v. Dept. of Homeland Security, MSPB Docket No. DC-1221-12-0528-W-1. The Day case was previously discussed in this blog here.