News from the Supreme Court: On June 23, 2017, the Supreme Court issued its decision in Perry v. Merit Systems Protection Board, 582 U.S. ____. The Court clarified the appeals process for "mixed case" appeals before the Merit Systems Protection Board (MSPB) that involve claims of discrimination.
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 Supreme Court: On June 1, 2015, the Supreme Court issued its decision in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., ___ U.S. ___, No. 14-86. The Supreme Court vindicated Title VII's requirements that employers provide reasonable accommodation for religion in the hiring process.
News from the Supreme Court: On April 27, 2015, the Supreme Court agreed to hear the appeal in Green v. Donahoe. The appeal seeks to resolve a split in the courts regarding how to calculate deadlines for federal sector EEO complaints.
News from the Supreme Court: In a 6-3 split decision, the Supreme Court declined to follow the EEOC's guidance in accommodating pregnant employees seeking light-duty accommodations. Young v. United Parcel Service, ___ U.S. ____, No. 12-1226 (3/25/15). The Supreme Court held that the UPS did not have to offer pregnant employees light-duty assignments although it later changed its policy to do so. However, pregnant employees can still allege discrimination but will have to have to prove that the employer's alleged legitimate business reason was a pretext for discrimination.
News from the Supreme Court: On January 21, 2015, the Supreme Court issued its decision in Dept. of Homeland Security v. MacLean, 574 U.S. ___, No. 13-894. The Court, 7-2, ruled in favor of whistleblower Robert MacLean, upholding the findings below that the Transportation Security Administration (TSA) engaged in whistleblower reprisal when it unlawfully fired Mr. MacLean.
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.
News from the Supreme Court: On March 31, 2014, the Supreme Court declined to hear the appeal of Northover v. Archuleta. This decision ends the appeal process for the Conyers/Northover cases, which Passman & Kaplan previously analyzed in this blog and in its Federal Legal Corner.
News from the Supreme Court: On November 15, 2013, the American Federation of Government Employees (AFGE) appealed the August 20, 2013, en banc decision of the U.S. Court of Appeals for the Federal Circuit in Kaplan v. Conyers and MSPB, Case No. 2011-3207, to the Supreme Court. The Supreme Court has discretion on which cases it takes for appeal, and so this AFGE appeal is more formally referred to as a petition for a writ of certiorari (or 'cert petition'). Passman & Kaplan previously analyzed Conyers in this blog and in its Federal Legal Corner.
Developments at OGE: On August 19, 2013, the Office of Government Ethics (OGE) issued a new legal advisory discussing the effects of the Supreme Court's recent decision in United States v. Windsor on federal ethics rules. In Windsor, which was previously analyzed in this blog, the Court struck down the provision of the federal Defense of Marriage Act which had set the default definition of "marriage" as excluding same-sex marriages.