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.
Preselection Coupled With Service Discrimination Violates USERRA, Rules Federal Circuit
The United States Court of Appeals for the Federal Circuit described the litigation of a case it adjudicated on May 14, 2021 as “the decade-long journey of a hard-working man who served his country honorably, only to face workplace discrimination on the basis of that service.”
Agencies Must Prove Pre-PIP Unacceptable Performance in Federal Circuit Decision
Before a federal employee can be terminated for unacceptable performance, the employing agency must provide the employee with an opportunity to demonstrate acceptable performance.
Penalties Mitigated in Arbitration, after an Agency Decision, Do Not Establish Disparate Treatment
McKenzie Holmes was a U.S. Postal Service (“USPS”) employee from 1989, until his removal in 2018. At the time of his removal, he worked as a city carrier at the Fort Dearborn Station in Chicago.
Sixth Circuit: Appeals of Enforcement Petitions Must Go to Federal Circuit
On October 14, 2020, the Sixth Circuit Court of Appeals held that appeals of MSPB decisions on petitions for enforcement must be heard by the U.S. Court of Appeals for the Federal Circuit, even appeals of petitions stemming from a “mixed case” typically appealable to federal district court for adjudication of discrimination claims.