Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

May 2016 Archives

EEOC proposes expanded protections against retaliation

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: Constructive Discharge Decision

News from the Supreme Court: On May 23, 2016, the Supreme Court issued its decision in Green v. Brennan, No. 14-613, 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: MSPB Appeals & Title 42 Employees

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: Proposed "Ban the Box" Rule

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. 


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