Developments at the OSC: The U.S. Office of Special Counsel (OSC) recently issued its annual report to Congress for Fiscal Year 2017.
News from Passman & Kaplan: As a public service, Passman & Kaplan wished to generally warn federal employees about the often-short response deadlines that apply when federal employees are faced with a proposed adverse action, in light of recent changes in the law.
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 Congress: On October 26, 2017, new whistleblower protection legislation was signed into law as Pub.L. 115-73. The statute makes several important changes to whistleblower reprisal protections for federal employees.
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 Congress: On June 23, 2017, the President signed into law Pub.L. 115-41. The new statute reduces civil service protections for employees of the Department of Veterans Affairs (DVA).
News from Congress: On June 14, 2017, the President signed into law H.R. 657 as new Pub.L. 115-40. the so-called "Follow the Rules Act." The statute was designed to legislatively overrule the decision of the U.S. Court of Appeals for the Federal Circuit in Rainey.
News from the White House: On May 2, 2017, the President issued Executive Order 13,793. The Executive Order creates a new office at the Department of Veterans Affairs focusing on whistleblower reprisal and disciplinary issues.
Developments at the MSPB: On January 18, 2017, the Merit Systems Protection Board (MSPB) issued its Annual Report for FY 2016. This Annual Report, which was signed by former MSPB Chair Grundmann a mere day before her departure from the MSPB to the Office of Compliance and the loss of quorum at the MSPB, provided detailed statistics concerning its caseload in FY 2016.