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Posts tagged "Supreme Court"

News from the Federal Circuit: FBI Whistleblower Appeal Rights Rejected

News from the Federal Circuit: On October 26, 2017, the U.S. Court of Appeals for the Federal Circuit issued its en banc decision rehearing in Parkinson v. Dept. of Justice, No. 2015-3066. In a split decision, the Court rejected an FBI employee's ability to raise a whistleblower reprisal affirmative defense in his MSPB appeal.

News from the Supreme Court: "Mixed Case" Appeals Re-Clarified

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 Federal Circuit: FBI Whistleblower Case

News from the Federal Circuit: On August 8, 2016, the U.S. Court of Appeals for the Federal Circuit granted the Department of Justice's motion for en banc rehearing in Parkinson v. Dept. of Justice, No. 2015-3066. The court vacated the panel's decision below, and now the entire Federal Circuit will decide on the scope of whistleblower reprisal protections for FBI employees.

News from the Federal Circuit: New WPEA Protection Clarified

News from the Federal Circuit:  On June 7, 2016, the U.S. Court of Appeals for the Federal Circuit issued its precedential decision in Rainey v. Merit Systems Protection Board, No. 2015-3234.  The Federal Circuit limited the application of a whistleblower protection statute.

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 Courts: 5th Circuit Whistleblower Decision

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 Supreme Court: EEOC Wins Religious Accommodation Case

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.

Developments at the MSPB: New Report on Due Process Issues

Developments at the MSPB:  On May 11, 2015, the Merit Systems Protection Board (MSPB) issued a new reportWhat is Due Process in Federal Civil Service Employment?    This report appeared to target certain alleged mischaracterizations regarding civil service due process rights of federal employees which, according to recent press accounts, have been driving proposals in Congress to truncate those due process protections.

News from the Supreme Court: Court to Hear Complaint Deadline Case

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: TSA Whistleblower Wins!

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. 

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