shaw bransford & roth case law update

Absence of Evidence Cannot Favor Agency Defense Against Whistleblower Reprisal Claim

Last week, FEDmanager reported on the Federal Circuit’s decision in Siler v. EPA, on the issue of whether EPA adequately asserted the attorney-client privilege to withhold documents from Siler during the discovery phase of his MSPB appeal his removal from federal service. This week, we report on the portion of the court’s decision that vacated the MSPB’s denial of Siler’s whistleblower reprisal affirmative defense and remanded the matter to MSPB for further proceedings.

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shaw bransford & roth case law update

Federal Circuit: EPA Made “Baseless” Claim of Attorney-Client Privilege to Protect Draft Notices of Proposed Disciplinary Actions

Recently, the Court of Appeals for the Federal Circuit reversed a decision of an Merit System Protection Board Administrative Judge, and found that the EPA made no evidentiary showing to prove its claim of the attorney-client privilege to prevent the discovery of draft proposed disciplinary actions.  

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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.

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