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Washington DC Employment Law Blog

Developments at the EEOC: Passman & Kaplan Wins Default Judgment

Developments at the EEOC: On April 6, 2015, the General Services Administration (GSA) decided not to appeal the default judgment order imposed against it in EEOC No. 5702-2012-00608X. GSA was sanctioned for its failure to timely investigate an EEO complaint, in a case where the Complainant onlydid not  receive the report of investigation from GSA until 506 days after the formal complaint, and 350 days after the last amendment.

News from the Supreme Court: Pregnancy Discrimination Act Interpreted

News from the Supreme Court: In a 6-3 split decision, the Supreme Court declined to follow the EEOC's guidance in accommodating pregnant employees seeking light-duty accommodations. Young v. United Parcel Service, ___ U.S. ____, No. 12-1226 (3/25/15). The Supreme Court held that the UPS did not have to offer pregnant employees light-duty assignments although it later changed its policy to do so. However, pregnant employees can still allege discrimination but will have to have to prove that the employer's alleged legitimate business reason was a pretext for discrimination.

Developments at the EEOC: Class Certification Upheld

Developments at the EEOC:  On February 19, 2015, the EEOC's Office of Federal Operations (OFO) issued its decision in Meyer et al. v. Department of State, EEOC Request No. 0520140506.  OFO upheld class certification for a claim against the State Department (Agency) of alleged disability discrimination in hiring for Foreign Service positions.

Developments at the GAO: Report on Performance-Based Adverse Actions

Developments at the GAO: On March 9, 2015, the Government Accountability Office (GAO) issued a new report, "FEDERAL WORKFORCE: Improved Supervision and Better Use of Probationary Periods Are Needed To Address Substandard Employee Performance", Report GAO-15-191. In the report, GAO discussed various issues concerning performance management for federal employees.

News from the Federal Circuit: Untimely Appeal Filing Excused

News from the Federal Circuit:  On February 18, 2015, a panel of the U.S. Court of Appeals for the Federal Circuit issued a precedential split decision in Herring v. Merit Systems Protection Board, ___  F.3d ___, No. 2013-3170.  The majority found 'good cause' to excuse Ms. Herring's untimely filing of her Merit Systems Protection Board (MSPB) appeal, based on delays by Ms. Herring's law firm.

Developments at the EEOC: EEOC Overturns Dismissal in Passman & Kaplan Case

Developments at the EEOC: On January 28, 2015, the EEOC's Office of Federal Operations (OFO) issued its decision in Complainant v. Dept. of the Air Force, EEOC Appeal No. 0120142407. OFO found that the Complainant, a federal contractor, was able to press a discrimination complaint against the Air Force (Agency) through the federal-sector EEO process.

Developments at the EEOC: EEOC Considers Revising Federal Complaints Process

Developments at the EEOC:  On February 6, 2015, the Equal Employment Opportunity Commission (EEOC) published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register (80 Fed.Reg. 6,669-6,671).  In the ANPRM, the EEOC requests public comment on all aspects of its federal-sector EEO complaints adjudication process, potentially contemplating a future revision of that process. 

Developments at the MSPB: MSPB FY 2014 Annual Performance Report

Developments at the MSPB: On February 2, 2015, the Merit Systems Protection Board (MSPB) issued its annual performance report  for FY 2014, combined with its performance plan for FY 2015-2016. The report discussed the current status of the MSPB's caseload of furlough appeals, its overall case processing in FY 2014, and specific case statistics for whistleblower reprisal cases.

Developments at the MSPB: Final Rule on Jurisdiction

Developments at the MSPB: On January 28, 2015, the Merit Systems Protection Board (MSPB) published a final rule in the Federal Register (80 Fed.Reg. 4,489-4,497). This final rulemaking affects the MSPB's jurisdictional standards in the major categories of appeals within the MSPB's jurisdiction.  The final rule is effective March 30, 2015, and will be applicable to any appeal filed on or after that date.

Developments at the GAO: Report on FBI Whistleblower Complaints

Developments at the GAO: On January 23, 2015, the Government Accountability Office (GAO) issued a new report, "Whistleblower Protection: Additional Actions Needed to Improve DOJ's Handling of FBI Retaliation Complaints", Report GAO-15-112. In the report, GAO analyzed whistleblower reprisal cases from the Federal Bureau of Investigation (FBI) over a four-year period.

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