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 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.
News from the White House: On December 23, 2016, President Obama signed S. 2943, the National Defense Authorization Act for Fiscal Year 2017 (NDAA). This law contained several important changes in the law relevant to federal employees, specifically in three areas: administrative leave, negative paper trails, and buyouts for DoD employees.
Developments at the MSPB: On November 18, 2016, the Merit Systems Protection Board issued its decision in Hess v. U.S. Postal Service, 2016 MSPB 40. The Board affirmed its authority to award compensatory damages in mixed cases where discrimination is alleged.
Developments at the MSPB: On September 27, 2016, the Merit Systems Protection Board (Board) issued a precedential decision in Thomas v. Dept. of the Navy, 2016 MSPB 34. The Board reinstated Appellant Stephanie Thomas' dismissed constructive suspension appeal. Ms. Thomas claimed that the Agency compelled her to take 3 days/week of leave without pay (LWOP) because it had denied her reasonable accommodation request for telework, and reporting to her workplace would violate her doctor's orders. The Board found that Ms. Thomas had made a nonfrivolous allegation of constructive suspension. This decision expands the circumstances recognized in Board precedent for constructive suspension claims.