shaw bransford & roth case law update

Fourth Circuit: Amendments to EEO Complaint Do Not Reset Timeline for Judicial Suit

After a federal district court ruled that a Patent and Trademark Office employee’s amendment to his initial EEO complaint reset the 180-day timeline for the accrual of the employee’s right to file a judicial suit, the Fourth Circuit Court of Appeals reversed and remanded the district court ruling, finding that the plain language of Title VII contemplates amendments to the initial complaint.

Posted in Case Law Update

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shaw bransford & roth case law update

Parties in OPM Data Breach Suit Hold Oral Arguments at D.C. Circuit Court of Appeals

In a consolidated multidistrict class action against the Office of Personnel Management following a severe data breach of OPM’s cybersecurity that affected millions of federal employees and former federal employees, federal employees and the union alleged gross negligence and a violation of constitutional rights to informational privacy. The United States District Court for the District of Columbia dismissed the case on September 19, 2017. On October 12, 2017, the employees appealed the dismissal to the United States Court of Appeals for the D.C Circuit.

Posted in Case Law Update

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shaw bransford & roth case law update

Federal Circuit Denies Petition for Rehearing in Drug Test Case

An employee who was removed from federal employment as a result of a positive drug test appealed his removal. After the removal was sustained by a Merit Systems Protection Board (“MSPB”) administrative judge and a panel at the Federal Circuit Court of Appeals, the employee petitioned the appeals court for panel rehearing and rehearing en banc. On August 31, 2018, the appeals court denied his petitions, with two appeals court judges dissenting from the majority’s decision.

Posted in Case Law Update

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