Federal Circuit Rejects Perceived Whistleblowing Claim
The Merit Systems Protection Board (MSPB) has long recognized claims where the employee has not made a protected disclosure, where supervisors perceive the employee to be a whistleblower.
McCray v. Biden: Federal Judge Denies Request to Enjoin the Vaccine Mandate
On December 7, 2021, a federal judge of the U.S. District Court for the District of Columbia denied a federal employee’s motion for a temporary restraining order. The employee sought to enjoin enforcement of the President’s executive orders directing federal agencies to require COVID-19 vaccination for federal employees and contractors, and requested the court declare that the President’s orders were unlawful.
Fourth Circuit: No Disparate Impact Claims Under ADEA for Feds
A former Bureau of Prisons employee claimed that BOP’s fitness test disparately impacts those older than 40. On November 17, 2021, the United States Court of Appeals for the Fourth Circuit held that sovereign immunity protected the government from such a suit as the Age Discrimination in Employment Act’s (ADEA) federal sector provision did not provide for a disparate impact cause of action.
Groups Urge White House to Extend Vaccine Mandate Deadline for Federal Employees
Several federal workforce organizations have recently advocated for extending the federal employee vaccine mandate deadline align with the federal contractor deadline. The federal contractor deadline was recently extended in January 2022.
In other vaccine mandated related news, the American Federation of Government Employees (AFGE) announced at least one agency has entered a Memorandum of Understanding with the management regarding vaccine mandate implementation.
Union Levies Legal Challenge to COVID-19 Vaccine Mandate, Task Force Updates Guidance
On October 30, 2021, a federal employee union filed a lawsuit challenging President Biden's vaccine mandate for federal employees in the U.S. District Court for the Southern District of Florida. The case aims to invalidate the Executive Order and subsequent guidance from the Safer Federal Workforce Task Force (Task Force) and the Office of Personnel Management (OPM).
The Bureau of Prisons Seemingly Doesn't Care About Victims. Will Deputy Attorney General Monaco Show She Does?
History demonstrates the Bureau of Prisons (BOP) has little interest in requiring federal inmates to uphold their financial obligations by paying victim restitution.