Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

September 2014 Archives

News from the Supreme Court: Court to Hear Federal Whistleblower Case

News from the Supreme Court:  On November 4, 2014, the Supreme Court will hear oral argument in the matter of Dept. of Homeland Security v. MacLean, No. 13-894.  This represents the latest stage in the long-running MacLean case, which was previously analyzed by Passman & Kaplan, P.C. in the Federal Legal Corner, and in this blog.

Developments at the MSPB: Special Panel Rebuffs MSPB and Finds For Employee

Developments at the MSPB:  On September 29, 2014, a split Special Panel issued its decision in Alvara v. Dept. of Homeland Security, 2014 MSPB 77.  As previously analyzed in this blog, the Alvara case involved a dispute between the Merit Systems Protection Board (MSPB) and the Equal Employment Opportunity Commission (EEOC) over whether Mr. Alvara's removal for medical inability to perform should be overturned due to the agency's failure to reasonably accommodate Mr. Alvara with a modified schedule.  The Special Panel found in favor of the EEOC, with the case remanded to an administrative judge to order Mr. Alvara's reinstatement and to award compensatory damages and other relief.

News from the Whitehouse: WPEA All-Circuit Review Extended

News from the Whitehouse:  On September 26, 2014, President Obama signed Pub.L. 113-170, the "All Circuit Review Extension Act". The new law extends a current pilot program for judicial review of the MSPB decisions in whistleblower reprisal cases by three years.

Developments at the EEOC: EEOC Report on Erroneous Claim Dismissals

Developments at the EEOC:  On September 15, 2014, the Equal Employment Opportunity Commission (EEOC) Office of Federal Operations (OFO) published a report entitled Preserving Access to the Legal System: Common Errors by Federal Agencies in Dismissing Complaints of Discrimination on Procedural Grounds. The report's findings revealed an alarming rate of erroneously dismissed EEO complaints by federal agencies.

Passman & Kaplan Founding Principal to Present Audio Conference on Reasonable Accommodation

Passman & Kaplan Founding Principal Joseph Kaplan will present an audio conference on reasonable accommodation in the federal workplace on September 17, 2014, at 12 noon. The audio conference, entitled "Make the Right Call: Leave and Telework as Reasonable Accommodations for Federal Employees " is presented by LRP Publications. 

P&K Associate Andrew Perlmutter Appointed to NELA Committee Position

In August 2014, the National Employment Lawyers Association (NELA) appointed Passman & Kaplan Senior Associate Andrew J. Perlmutter as Chair of the new Rulemaking Committee, under the NELA Federal Employee Rights Practice Group. Mr. Perlmutter currently also serves as the Federal Employee Rights Liaison to the NELA Amicus Advisory Committee.

Passman & Kaplan Senior Associate Moderates Panel with OSC Staff

Passman & Kaplan Senior Associate Andrew J. Perlmutter will be moderating a panel discussion with staff from the U.S. Office of Special Counsel on October 6, 2014. The discussion, "Latest Developments at the Office of Special Counsel", is sponsored by the American Bar Association Section on Administrative Law and Regulatory Practice, Government Personnel Committee. 


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