Supreme Court Limits Personal Lawsuits Against Federal Employees
The U.S. Supreme Court’s sweeping decision in Egbert v. Boule precludes almost any new kinds of Bivens claims against federal employees, opening the door to a future overturn.
DNI Updates Marijuana-Related Security Clearance Guidance
Agencies received additional adjudicative guidance on three marijuana-related issues recently from the Director of National Intelligence (DNI), in its capacity as the Security Executive Agent with authority to set standards for security clearance adjudications across the Executive Branch.
As Federal Agencies Disclose Vaccine Enforcement Actions, the Disciplinary Process Begins
As the vaccine mandate deadline looms for federal employees, agencies are beginning to plan and initiate their enforcement plans. On October 18, 2021, the Department of Defense (DOD) announced in a memo “progressive enforcement actions” regarding vaccine mandates for civilian employees, contractors, and visitors.
Federal Circuit Rules “Willful” and “Intentional” are Not Synonymous
On June 14, 2021, the Federal Circuit affirmed the removal of an IRS employee who wrongly believed that the prohibition on disclosure of taxpayer information did not apply if the disclosure was made to her attorney in an attorney-client privileged communication.
TSA Gives Screening Personnel MSPB Appeal Rights
The Transportation Security Administration (TSA) and the Merit Systems Protection Board (MSPB) have reached an agreement to provide TSA screening personnel with appeal rights equivalent to the Title 5 appeal rights available to most other federal employees.
TSA Ordered to Expand Workforce Protections and Rights
The Biden administration recently announced that it would extend Title 5 federal employee protections to workers at the Transportation Security Administration (TSA). This includes granting them collective bargaining rights, access to the Merit Systems Protection Board (MSPB), and aligning their wages with the General Schedule.
House Democrats Push for TSA Screeners to Receive Title 5 Employment Protections
In a House Committee on Homeland Security Subcommittee on Transportation and Marine Security hearing on May 4, Democrats urged their colleagues to support legislation that would extend Title 5 employment protections to Transportation Security Administration (TSA) screeners.
TSA Employees Would Receive Expanded Work Protections Under Proposed Act
Leading House Democrats on the Homeland Security, Appropriations, and Transportation Committees re-introduced the Rights for the Transportation Security Administration Workforce Act of 2021 in Congress. The bill, passed twice by the House in the 116th Congress, would expand workforce protections for employees of the Transportation Security Administration (TSA).
Lawmakers Propose Measures to Curb Spread of Virus in Federal Facilities
Representatives Ted Budd (R-NC), Ralph Norman (R-SC), and John Larson (D-CT) recently introduced the Healthy Skies Act, which would require TSA employees to check the temperature of fliers before they are allowed through security. As federal agencies create reopening plans for their employees, there is pressure on lawmakers to ensure that they do so safely and efficiently. For federal facilities that are open to the public like airports and postal offices, this task is high priority since there is close interaction between employees and members of the public.