News from the Courts: On August 25, 2018, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia issued a 122-page memorandum opinion in American Federation of Government Employees et al. v. Trump, No....
Protecting Workers’ Rights
Focusing on the Rights of Federal Employees
News From The Courts
News from the Courts: Two All Circuit Review Whistleblower Cases
News from the Courts: The U.S. Courts of Appeals for the 7th and 9th Circuits each issued recent whistleblower reprisal decisions. Both courts reversed rigid Merit Systems Protection Board (MSPB) decisions requiring specific fact allegations in whistleblower claims...
News from the Courts: 4th Circuit Whistleblower Decision
News from the Courts: On December 7, 2017, the U.S. Court of Appeals for the 4th Circuit issued its decision in Flynn v. Securities and Exchange Commission, No. 16-2122. In one of the later decisions to arise under the recently-expired all-circuit review...
News from the Courts: Discrimination Complaint Reinstated
News from the Courts: On August 11, 2017, a panel of the U.S. Court of Appeals for the District of Columbia Circuit issued its revised opinion in Ortiz-Diaz v. Dept. of Housing and Urban Development, Office of Inspector General, No. 15-5008. Reversing its...
News from the Courts: DC Employee Fired Discriminatorily Reinstated
News from the Courts: On July 10, 2017, the District of Columbia Office of Human Rights (OHR) issued its Final Order in Massengale v. D.C. Fire and Emergency Medical Services, OHR Docket No: 14-360-DC(CN). OHR reversed Ms. Massengale's 2014 termination and ordered her...
News from the Courts: False Statement Remedies Clarified
News from the Courts: On June 16, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a precedential decision in Lee v. U.S. Agency for International Development et al., No. 16-5276. The D.C. Circuit addressed the issue of whether a federal...
News from the Courts: 5th Circuit Whistleblower Decision
News from the Courts: On August 24, 2015, the U.S. Court of Appeals for the 5th Circuit issued its decision in Aviles v. Merit Systems Protection Board, No. 14-60645. Although it ultimately found against the employee, the 5th Circuit rejected several points of...
News from the Courts: New Statute of Limitations Theory Rejected
News from the Courts: On January 6, 2015, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in Howard, Megginson v. Pritzker, ___ F.3d ___, Nos. 12-5370, 12-5392. The Court rejected an attempt by the Department...
News from the Courts: 9th Circuit Breaks With the Federal Circuit in Whistleblower Cases
News from the Courts: On December 9, 2013, a panel of the U.S. Court of Appeals for the 9th Circuit issued its decision in Kerr v. Salazar, No. 12-35084. The 9th Circuit took a strong position in opposition to the Federal Circuit's pre-2012 decisions...
News from the Courts: EEOC Intake Form is Not a Timely Complaint
News from the Courts: On February 5, 2013, a panel of the U.S. Court of Appeals for the D.C. Circuit upheld the dismissal of an EEO complaint in Dyson v. District of Columbia, Case No. 11-7146. The court found that the employee's filing of an intake...