News & Analysis as of

Federal Employees Supreme Court of the United States

Seyfarth Shaw LLP

Belay that Order!  Supreme Court To Relook FAA’s Denial of Differential Pay to Coast Guard Reservist

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On June 24, 2024, the U.S. Supreme Court granted certiorari in the case of Feliciano v. Department Of Transportation. The Supreme Court will review the Federal Circuit’s decision affirming the Merit Systems Protection Board’s...more

Constangy, Brooks, Smith & Prophete, LLP

Does SCOTUS decision on affirmative action put employers’ DEI efforts at risk?

On June 29, the U.S. Supreme Court held that admissions policies at Harvard University and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution by using...more

Sherman & Howard L.L.C.

SCOTUS Pro-employer Pendulum Swings When It's the Fed's Ox Getting Gored

The False Claims Act ("FCA") imposes liability on anyone who "knowingly" makes a false claim to the Federal Government. This includes making false claims for reimbursement from the government under federal programs. As part...more

Cozen O'Connor

Unanimous Supreme Court Holds (Reaffirms) False Claims Act Responsibility Requires Offender’s Belief of Lie

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On June 1, 2023, the United States Supreme Court issued its ruling in two consolidated cases concerning the False Claims Act (FCA), United States ex rel. Schutte et al. v. SuperValu Inc. et al., Case No. 21-1326, and United...more

Zuckerman Spaeder LLP

Carroll v. Trump, Redux: Why Would Congress Want to Have State Law Determine the President's Scope of Employment When the...

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The Justice Department’s invited amicus curiae brief in Blassingame v. Trump1 exposes another anomaly in treating the President’s scope of employment as a question of state tort law for purposes of the Westfall Act. In...more

DirectEmployers Association

OFCCP Week In Review: July 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Morrison & Foerster LLP - Government...

A Second Look: Parties Spar Over Vaccine Mandate In Eleventh Circuit Appeal From EO 14042 Injunction

It has been more than two months since the U.S. District Court for the Southern District of Georgia issued a nationwide preliminary injunction of Executive Order 14042, the Biden Administration’s effort to impose a vaccine...more

Morrison & Foerster LLP

Updates to Task Force Guidance | District Courts Follow Different Reasoning to Hold Executive Order 14042 Invalid: Circuit Courts...

The fast and furious Jenga game over when and with which federal vaccine mandate a company must comply might finally have reached a turning point. On January 13, 2022, the Supreme Court issued dual per curiam opinions in...more

Butler Snow LLP

Federal Contractor Vaccine Mandate Remains on Hold

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Employers across the country were provided guidance on vaccine mandates by the United States Supreme Court (“SCOTUS”) last week. In a 6-3 decision, SCOTUS blocked the Department of Occupational Safety and Health...more

DirectEmployers Association

OFCCP Week In Review: January 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Tanzin v. Tanvir

On December 10, 2020, the U.S. Supreme Court decided Tanzin v. Tanvir, holding that the Religious Freedom Restoration Act (RFRA) permits litigants, when appropriate, to obtain money damages against federal officials in their...more

Kelley Drye & Warren LLP

It is Now Easier For Federal Workers to Prove Age Bias

Last week, the US Supreme Court made it easier for a federal worker to establish a claim for age bias. This decision does not impact private employers, because it relied on the specific language of the federal sector...more

Fisher Phillips

Supreme Court Makes It Easier For Federal Workers To Prove Age Discrimination

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In an 8-to-1 decision, the U.S. Supreme Court just made it easier for federal employees and applicants to prove age discrimination by ruling that courts should not apply a heightened causation standard in such cases. By...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Babb v. Wilkie, No. 18-882

On April 6, 2020, the U.S. Supreme Court decided Babb v. Wilkie, holding that the federal-sector provision of the Age Discrimination and Employment Act of 1967 (ADEA), 29 U.S.C. §633a(a), does not require proof that age...more

FordHarrison

Supreme Court Clarifies Standard Federal Workers Must Meet in Age Discrimination Lawsuits

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On April 6, 2020, the U.S. Supreme Court held that federal-sector plaintiffs in age discrimination cases brought under the Age Discrimination in Employment Act (ADEA) need not show that negative consideration of age is a...more

Bradley Arant Boult Cummings LLP

“OK, Boomer” – What Amounts to Actionable Age Discrimination?

What does an age discrimination plaintiff have to prove to succeed? Federal employees may have an easier path for proving an age discrimination claim, if we are reading the tea leaves correctly on the Supreme Court’s oral...more

Jones Day

In Dawson v. Steager, U.S. Supreme Court Bars Discriminatory Taxation of Federal Employees

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West Virginia had exempted from taxation the state retirement benefits paid to certain state law enforcement retirees while not exempting similarly situated federal law enforcement retirees. The United States Supreme...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Perry v. Merit Systems Protection Board, No. 16-399.

On June 23, 2017 the U.S. Supreme Court decided Perry v. Merit Systems Protection Board, holding that when the Merit Systems Protection Board dismisses a government employee’s “mixed case” (a case where the employee claims...more

McGuireWoods LLP

FEHBA Insurers Prevail on Subrogation and Reimbursement Rights

McGuireWoods LLP on

The U.S. Supreme Court on April 18 unanimously held that insurance carriers operating under the Federal Employees Health Benefits Act (FEHBA) may assert subrogation and reimbursement rights, pursuant to their Office of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Simmons v. Himmelreich

On June 6, 2016, the Supreme Court of the United States decided Simmons v. Himmelreich, No. 15–109, holding that the judgment-bar provision of the Federal Tort Claims Act (FTCA) does not apply to claims dismissed for falling...more

Dickinson Wright

U.S. Supreme Court Holds that Resignation Triggers the Limitations Period for Constructive Discharge Claims

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The United States Supreme Court resolved a split among appellate circuits about when an employee must take action to pursue a constructive discharge claim. The Court held that the 45-day limitation period for a federal civil...more

Obermayer Rebmann Maxwell & Hippel LLP

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

On May 23, 2016, the Supreme Court resolved a circuit split over the deadline for employees to pursue their administrative remedies in connection with constructive discharge claims under Title VII. Generally, employees must...more

Jackson Lewis P.C.

Supreme Court: Constructive Discharge Limitations Period Begins with Notice of Resignation

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The U.S. Supreme Court has ruled that the statute of limitations for an employee’s Title VII constructive discharge claim begins on the date of the employee’s notice of resignation. Green v. Brennan, No. 14-613 (May 23,...more

McAfee & Taft

Resignation triggers clock start for filing constructive discharge claims

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Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Green v. Brennan

On May 23, 2016, the Supreme Court of the United States decided Green v. Brennan, No. 14-613, holding that a constructive-discharge claim accrues — and the limitations period begins to run — when the employee gives notice of...more

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