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.
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.
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.
Developments at the MSPB: On August 14, 2013, the Merit Systems Protection Board (MSPB) issued its decision in King v. Dept. of the Air Force, 2013 MSPB 62. At issue was whether or not the compensatory damages provision of the Whistleblower Protection Enhancement Act of 2012 (WPEA) applies retroactively, a topic previously discussed in this blog and in Passman & Kaplan's Federal Legal Corner.
News from the Supreme Court: On January 18, 2013, the Supreme Court agreed to hear University of Texas Southwestern Medical Center v. Nassar, a case which could significantly impact discrimination law. The Court is asked to decide whether the "mixed motive" theory can be still be used by employees to prove EEO reprisal claims in the wake of the Supreme Court's 2009 Gross decision.