Coalition of Agencies Push for Cyber Workforce Paradigm Shift
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Coalition of Agencies Push for Cyber Workforce Paradigm Shift

The drumbeat of agencies, working groups, and commissions calling for heightened national attention to the cybersecurity workforce ratcheted up again last week, with a new report from the interagency Federal Cyber Workforce Management and Coordinating Working Group advocating for “strategic changes” to the nation’s approach to developing a cyber workforce.

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Federal Circuit Disputes VA’s Interpretation of 2017 “Accountability” Law
Case Law Update Conor D. Dirks Case Law Update Conor D. Dirks

Federal Circuit Disputes VA’s Interpretation of 2017 “Accountability” Law

In two opinions issued on August 12, 2021, the United States Court of Appeals for the Federal Circuit found that the Department of Veterans Affairs erroneously interpreted the provisions of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 when disciplining its employees. The purpose of the 2017 law, codified at 38 U.S.C. § 714, was to provide for expedited discipline of VA employees, strip MSPB of its authority to mitigate the VA’s chosen penalty, and to impose a less rigorous burden of proof on the agency at the appellate level than a traditional MSPB appeal.

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Federal Circuit: For the Third Time, No Retroactive VA “Accountability”
Case Law Update Conor D. Dirks Case Law Update Conor D. Dirks

Federal Circuit: For the Third Time, No Retroactive VA “Accountability”

In 2017, Congress enacted the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 (“the Act”), which provided “a singular expedited procedure for all VA employees to respond and appeal to proposed removals, demotions, and suspensions for performance or misconduct,” and according to the United States Court of Appeals for the Federal Circuit, “provides less rigorous standards and expedited procedures” to discipline, and even terminate, employees.

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Federal Circuit: No Waiver of Sayers Arguments in VA Removal Case
Case Law Update Conor D. Dirks Case Law Update Conor D. Dirks

Federal Circuit: No Waiver of Sayers Arguments in VA Removal Case

A VA police officer was removed by the Department of Veterans Affairs under the 2017 “accountability” law 38 U.S.C. § 714 that limited review of VA’s actions against general schedule employees. The removal was based on conduct occurring prior to the enactment of the law. The employee appealed to the MSPB, and the MSPB affirmed the removal. On December 7, 2020, the United States Court of Appeals for the Federal Circuit vacated the MSPB’s decision, and remanded the case to the MSPB with instructions to remand the case further back to the agency.

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VA Employee Asks Eleventh Circuit To Ease EEO Reprisal Legal Standard For Federal Employees
Case Law Update James G. Heelan Case Law Update James G. Heelan

VA Employee Asks Eleventh Circuit To Ease EEO Reprisal Legal Standard For Federal Employees

FEDmanager recently reported the U.S. Supreme Court’s decision in Babb v. Wilkie. In Babb, the Supreme Court reversed a panel of U.S. Court of Appeals for the Eleventh Circuit and held the prohibition against age discrimination in the federal workplace was broader than that applied in the private sector. We update you now that plaintiff Noris Babb is requesting the full Eleventh Circuit to apply the Supreme Court’s holding to lower the bar to establish EEO reprisal claims in the federal workplace.

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