Religious Accommodation Test Before the Supreme Court
This case law update was written by James P. Garay Heelan , an attorney at the law firm of Shaw Bransford & Roth, where since 2021 she has represented federal officials and employees in all aspects of federal personnel employment law. Ms. Grieshammer also advises federal agencies and employers on employment issues, such as proposed disciplinary actions and other employment-related litigation.
The Board Mitigates Removal for Department of Defense Employee Charged with Stealing Cafeteria Food
In June 2014, the appellant, a Security Specialist at the Department of Defense, took an extra $5.00 worth of food from the agency cafeteria without paying for the additional food.
Federal Circuit Deems Family Medical Opinion Unlawful in Removal Case
In Johnson v. Air Force, the U.S. Court of Appeals for the Federal Circuit clarified that receiving external opinions on a proposed removal is a violation of the due process clause.
MSPB Issues New Research Agenda, First Since Regaining a Quorum
The Merit Systems Protection Board (MSPB) has issued its first research agenda since reaching a quorum earlier this year. The agenda outlines research objectives for the years 2022 through 2026.
FMLA & OWCP Claims Aren't Protected Activity, MSPB Rules
A Department of Veterans Affairs employee was terminated for threatening agency employees after HR called the hospital to confirm the employee’s claim that he had not been released.
Due Process Concerns Dismissed in Removal for Failure to Maintain Employment Condition
The Merit Systems Protection Board (MSPB) clarified that federal employees may not have due process rights when it comes to the withdrawal of an employment-required condition.
Fourth Circuit: MSPB Can't Adjudicate "Mixed Case" of EEO Claims, IRA Appeals
The Merit Systems Protection Board (MSPB) lacks jurisdiction to address equal employment opportunity (EEO) claims in “individual right of action” whistleblower reprisal appeals, the Fourth Circuit recently held.
Failure to Allege Protected Employee Disclosures Precluded MSPB Jurisdiction
In the recently decided Bishop v. Department of Agriculture, The Merit Systems Protection Board (MSPB) clarified the importance of establishing jurisdiction in whistleblower issues.
Agencies Can Reissue Disciplinary Actions While Pursuing Appeal of Procedural Loss
The U.S. Court of Appeals for the Federal Circuit found lawful an agency’s decision to propose a new termination action while still pursuing its appeal of its first termination action.
MSPB Asserts Jurisdiction in Select EOP Adverse Action Appeals
The Merit Systems Protection Board (MSPB) clarified its requirements in an appeal jurisdiction: (1) the appellant was an employee (2) subjected to an appealable adverse action.
MSPB Finds Veterans Employment Violations Require Reconstructed Selection Process
The Merit Systems Protection Board (MSPB) ruled that an agency’s mere reannouncement of the original vacancy doesn’t constitute a proper reconstruction under veterans’ preference laws.
Agency Insisted Employee Submit Health Records Indicating Condition's Lack of Threat
The Merit Systems Protection Board (MSPB) clarified that an employee’s absence resulting from a mental health condition does not, on its own, suggest that the employee is likely to do harm.
MSPB Overturns “Inflexible” Precedent Requiring Remand Consideration
In overruling Wynn v. U.S. Postal Service, the Merit Systems Protection Board (MSPB) set out factors for analyzing whether affirmative defenses have been waived or abandoned.
Back in Action: A Conversation with the Newly Confirmed MSPB Members
This week on FEDtalk, we recognize the upcoming National Whistleblower Appreciation Day with all three newly confirmed Members of the Merit Systems Protection Board (MSPB).
Federal Employee Appeals Board Explains Corrective Action Options for Term Appointees
The Merit Systems Protection Board (MSPB) has ruled that term appointees are not entitled to serve beyond the role expiration date, nor are they entitled to a permanent position as relief in a personnel action.
What Kind of “Significant Change” in Working Conditions Protects Whistleblowers?
The law recognizes managers retaliate against whistleblowers via personnel action. Though common, one of the hardest to quantify is “significant change in duties, responsibilities, or working conditions.”
MSPB Overrules Itself to Clarify 'Douglas' Disparate Penalty Analysis
In Singh v. USPS, the Merit Systems Protection Board (MSPB) overruled its own early 2010s precedents on the Douglas factor disparate penalty analysis.
Indefinite Suspension After Security Clearance Restoration is MSPB Reviewable
The Merit Systems Protection Board (MSPB) rules that an indefinite suspension following restoration of clearance is grounds for review under its jurisdiction.