News from the Federal Circuit: On August 24, 2018, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Villareal v. Bureau of Prisons, No. 2017-2275. The Court upheld Mr. Villareal's removal, finding no per se due process violation in the long delay in deciding to impose discipline.
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.
Developments at the MSPB: On January 19, 2018, the Merit Systems Protection Board (MSPB) issued its annual report for FY 2017. The report discussed the current status of the MSPB's overall case processing in FY 2017.
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 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 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.
Developments at the MSPB: On May 23, 2017, the Merit Systems Protection Board (MSPB) issued its annual performance report for FY 2016. The report discussed the current status of the MSPB's caseload of furlough appeals, its overall case processing in FY 2016, and specific case statistics for whistleblower reprisal cases.
News from the Federal Circuit: On May 9, 2017, the U.S. Court of Appeals for the Federal Circuit issued its decision in Helman v. Dept. of Veterans Affairs, No. 2015-3086. The Court struck down part of the statute for expedited removals of Department of Veterans Affairs (DVA) Senior Executive Service (SES) employees as unconstitutional, but left much of the statute in place.
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.
News from the Federal Circuit: On December 27, 2016, the U.S. Court of Appeals issued its decision in Gallegos v. Dept. of Health and Human Services, Case No. 2016-2120. A divided panel refused to enforce a breached clean record settlement agreement provision because of the delay in seeking enforcement.