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.
Can civil employees be fired for their political leanings or scientific pursuits?
Developments at the MSPB: On November 22, 2016, the Merit Systems Protection Board (Board) issued its decision in Elder v. Department of the Air Force, 2016 MPSB 41. The Board reversed the removal of Mr. Elder, finding retaliation for Mr. Elder's efforts to enforce his whistleblower complaint settlement agreement.
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.