News from the Courts: On August 25, 2018, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia issued a 122-page memorandum opinion in American Federation of Government Employees et al. v. Trump, No. 1:18-cv-1261. The Court struck down significant portions of the three May 25, 2018 executive orders concerning federal employees.
News from the Courts: The U.S. Courts of Appeals for the 7th and 9th Circuits each issued recent whistleblower reprisal decisions. Both courts reversed rigid Merit Systems Protection Board (MSPB) decisions requiring specific fact allegations in whistleblower claims at the Office of Special Counsel (OSC).
News from the Courts: On December 7, 2017, the U.S. Court of Appeals for the 4th Circuit issued its decision in Flynn v. Securities and Exchange Commission, No. 16-2122. In one of the later decisions to arise under the recently-expired all-circuit review provision for federal sector whistleblower reprisal claims.
News from the Courts: On August 11, 2017, a panel of the U.S. Court of Appeals for the District of Columbia Circuit issued its revised opinion in Ortiz-Diaz v. Dept. of Housing and Urban Development, Office of Inspector General, No. 15-5008. Reversing its own prior decision, the panel reinstated portions of Mr. Ortiz-Diaz's EEO complaint.
News from the Courts: On July 10, 2017, the District of Columbia Office of Human Rights (OHR) issued its Final Order in Massengale v. D.C. Fire and Emergency Medical Services, OHR Docket No: 14-360-DC(CN). OHR reversed Ms. Massengale's 2014 termination and ordered her reinstated with back pay.
News from the Courts: On June 16, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a precedential decision in Lee v. U.S. Agency for International Development et al., No. 16-5276. The D.C. Circuit addressed the issue of whether a federal employee has a civil remedy for alleged false statements by managers under 18 U.S.C. § 1001.
News from the Courts: On August 24, 2015, the U.S. Court of Appeals for the 5th Circuit issued its decision in Aviles v. Merit Systems Protection Board, No. 14-60645. Although it ultimately found against the employee, the 5th Circuit rejected several points of Federal Circuit whistleblower reprisal caselaw in the process.
News from the Courts: On January 6, 2015, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in Howard, Megginson v. Pritzker, ___ F.3d ___, Nos. 12-5370, 12-5392. The Court rejected an attempt by the Department of Commerce (DOC) to impose a new statute of limitations on federal employees seeking to take their discrimination claims into federal district court.
News from the Courts: On December 9, 2013, a panel of the U.S. Court of Appeals for the 9th Circuit issued its decision in Kerr v. Salazar, No. 12-35084. The 9th Circuit took a strong position in opposition to the Federal Circuit's pre-2012 decisions restricting the definition of protected whistleblowing.
News from the Courts: On February 5, 2013, a panel of the U.S. Court of Appeals for the D.C. Circuit upheld the dismissal of an EEO complaint in Dyson v. District of Columbia, Case No. 11-7146. The court found that the employee's filing of an intake questionnaire with the Equal Employment Opportunity Commission (EEOC) was not enough to meet the statute of limitations for starting her EEO complaint, and so her lawsuit was dismissed as untimely.