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November 2013 Archives

News from the Supreme Court: Cert for 'Sensitive' Employees' Case?

News from the Supreme Court: On November 15, 2013, the American Federation of Government Employees (AFGE) appealed the August 20, 2013, en banc decision of the U.S. Court of Appeals for the Federal Circuit in Kaplan v. Conyers and MSPB, Case No. 2011-3207, to the Supreme Court.  The Supreme Court has discretion on which cases it takes for appeal, and so this AFGE appeal is more formally referred to as a petition for a writ of certiorari (or 'cert petition') Passman & Kaplan previously analyzed Conyers in this blog and in its Federal Legal Corner.   

Developments at the EEOC: New Guidance on Federal LGBT Complaints

Developments at the EEOC: The Equal Employment Opportunity Commission (EEOC) has recently issued new guidance concerning complaints from lesbian, gay, bisexual and transgender (LGBT) employees on the EEOC website. This guidance, Processing Complaints of Discrimination by Lesbian, Gay, Bisexual, and Transgender (LGBT) Federal Employees, caps off the Commission's long-term trend of extending the federal sector EEO complaints process to cover claims of discrimination previously excluded as 'sexual orientation' complaints.

Developments at the MSPB: Comments On Procedure Change

Developments at the MSPB:  On November 8, 2013, the Merit Systems Protection Board (MSPB) published a Solicitation of Public Comments in the Federal Register (78 Fed.Reg. 67,076-67,077).  Comments are due December 9, 2013.

Developments at the MSPB: Favorable Cases for Whistleblowers

Developments at the MSPB:  On October 30, 2013, the Merit Systems Protection Board (MSPB) issued four decisions in whistleblower reprisal cases, all containing favorable holdings for employees.  These cases show the ripple effects of the Whistleblower Protection Enhancement Act of 2012 (WPEA) on the MSPB's case law, a topic previously discussed in this blog and in Passman & Kaplan's Federal Legal Corner, as well as an overall trend of more favorable outcomes in whistleblower reprisal cases.

News on Security Clearances: Discrimination and Security Clearances

News on Security Clearances:  On October 31, 2013, Judge Huvelle of the U.S. District Court for the District of Columbia issued the latest decision on the long-running matter of Rattigan v. Holder, a case which focuses on the nexus (connection) between discrimination law and security clearances.

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