Perry v. MSPB, No. 16-399. The U.S. Supreme Court granted certiorari to the federal-sector employee in this appeal from the D.C. Circuit; to be argued on April 17, 2017.
The Merit Systems Protection Board (MSPB) is authorized to hear challenges by certain federal employees to certain major adverse employment actions. If such a challenge involves a claim under the federal anti-discrimination laws, it is referred to as a “mixed” case. This case presents the following question:
Whether an MSPB decision disposing of a “mixed” case on jurisdictional grounds is subject to judicial review in district court or in the U.S. Court of Appeals for the Federal Circuit.
Summary of amicus brief:
The Metropolitan Washington Employment Lawyers Association (MWELA), submit this amicus curiae brief with the consent of the parties, in support of Petitioner’s argument that mixed cases dismissed by the Merit Systems Protection Board (MSPB) on jurisdictional grounds are entitled to de novo review in federal district court. . . . This case, involving the right to have discrimination claims brought by federal employees heard de novo in federal district courts when the discrimination claim has been dismissed on jurisdictional grounds, is a matter of significant concern to MWELA and will directly affect the rights of those they serve. . . .
MWELA respectfully submits this amicus brief to aid the Court in addressing whether a MSPB decision disposing of a “mixed” case appeal on jurisdictional grounds is subject to judicial review in federal district court or in the U.S. Court of Appeals for the Federal Circuit.
The disposition of this issue will have an important effect on the ability of federal employees to enforce their statutory rights to bring discrimination complaints in the federal sector administrative process under the Civil Service Reform Act of 1978 (CSRA).
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