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January 2013 Archives

News from the Federal Circuit: Sensitive Position Case Rehearing

News from the Federal Circuit:  On January 24, 2013, the U.S. Court of Appeals for the Federal Circuit vacated the August 17, 2012, decision of a three-judge panel of the Court in  Berry, Director, Office of Personnel Management v. Conyers, Northover and Merit Systems Protection Board, Case No. 2011-3207, and agreed to rehear the case before the entire Court (rehearing en banc). The issue is whether the Merit Systems Protection Board has jurisdiction over removal cases where the employee was removed for failure to remain eligible for a "critical sensitive" or "non-critical sensitive" position.

News from the Supreme Court: Court to Hear EEO Reprisal Case

News from the Supreme Court:  On January 18, 2013, the Supreme Court agreed to hear University of Texas Southwestern Medical Center v. Nassar, a case which could significantly impact discrimination law.  The Court is asked to decide whether the "mixed motive" theory can be still be used by employees to prove EEO reprisal claims in the wake of the Supreme Court's 2009 Gross decision

News from the Whitehouse: President Signs Hatch Act Amendments

News from the Whitehouse: On December 28, 2012, President Obama signed into law amendments to the Hatch Act. The Hatch Act Modernization Act of 2012, S.2170, makes several changes to the Hatch Act which affect its disciplinary provisions and the scope of employees covered by the Hatch Act. According to Senate Report 112-211, these amendments were supported by Special Counsel Carolyn Lerner.


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