For the first time since 1998, the Equal Employment Opportunity Commission (EEOC) released proposed guidance earlier this year on how federal employment law applies to retaliation claims. In a nutshell, this new guidance could possibly extend the types of actions taken by federal (and private sector) employers that would constitute illegal retaliation.
News from the Supreme Court: On May 23, 2016, the Supreme Court issued its decision in Green v. Brennan, No. 14-61, holding that federal employees' 45-day deadline for initiating EEO complaints for constructive discharge cases runs from the date the employee announces his/her resignation, not the date of the last precipitating discriminatory act by the agency.
News from the Federal Circuit: On May 11, 2016, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Lal v. Merit Systems Protection Board, No. 2015-3140, holding that a category of employees at the Department of Health and Human Services (HHS) had the right to appeal adverse actions to the Merit Systems Protection Board (MSPB).
Developments at OPM: On May 2, 2016, the Office of Personnel Management (OPM) published a Proposed Rule with Request for Comments in the Federal Register, 81 Fed.Reg. 26,173-26,175. This proposed rule is part of the Administration's larger "ban the box" initiative to avoid deterring applicants with criminal records or negative credit history from applying for federal positions.