Justia U.S. D.C. Circuit Court of Appeals Opinion Summaries

DHS filed a petition for review challenging a decision by the FLRA in a dispute arising with the FLRA on a negotiability appeal filed by the Union under the Federal Service Labor-Management Relations Statute (FSLMRS), 5 U.S.C. 7105(a)(2)(E). The Union and CBP - an agency within DHS - had negotiated a collective bargaining agreement that included the negotiability provision at issue (Section 2). The court granted DHS's petition for review, concluding, inter alia, that the proposal in Section 2 advanced by the Union here would compromise the independence of the OIG and would be "inconsistent" with the Inspector General Act of 1978, 5 U.S.C. App. 3 sections 1-13, within the meaning of section 7117(a)(1) of the FSLMRS.View "US DHS Customs and Border v. FLRA" on Justia Law

Plaintiff filed suit against defendants, alleging that the termination of his employment violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq. The district court granted summary judgment in favor of defendants. Plaintiff introduced evidence of two statements made by the person who effected his termination, both of which were indicative of a discriminatory motive. The court reversed and remanded because those statements, if proven to have been made, would permit a reasonable factfinder to conclude that age-based discrimination led to plaintiff's termination.View "Wilson v. Cox, et al." on Justia Law

After plaintiff was discharged by the Department of Corrections, he filed suit against the District and two officials, alleging violations of his rights under the District's whistleblower statute, D.C. Code 1-615.53, and of his liberty interests under the Fifth Amendment. The court affirmed the district court's grant of summary judgment on the claims under the whistleblower act where plaintiff was terminated for the misconduct that occurred in March 2005, not January 2006, where he struck a handcuffed inmate. The court also affirmed summary judgment on the Fifth Amendment claim where any deprivation of liberty by stigmatizing was not without due process. Accordingly, the court affirmed the judgment of the district court.View "McCormick, Jr. v. D.C., et al." on Justia Law

Otis Elevator petitioned for review of the Commission's upholding of an OSHA citation for violating safety standards involved in the control of hazardous energy. A service mechanic employed by Otis Elevator injured his hand while unjamming the gate of a freight elevator and the accident spurred the OSHA investigation. The court concluded that the Commission's determinations that the safety standards applied to the mechanic's work and were violated were neither arbitrary nor capricious, and were supported by substantial evidence. Accordingly, the court denied the petition for review. View "Otis Elevator Co. v. Secretary of Labor, et al." on Justia Law

Plaintiff filed suit against her employer, the Department of Agriculture, after it denied her request for a flexible work schedule based on her depression. Plaintiff sought substantial flexibility in her working hours ("maxiflex" schedule) under the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., as an accommodation for her disability. The district court granted summary judgment to the Department, concluding that the maxiflex work schedule is an unreasonable request. The court also rejected defendant's retaliation claims. The court concluded, however, that nothing in the Rehabilitation Act establishes, as a matter of law, that a maxiflex work schedule is unreasonable. Accordingly, the court reversed the entry of summary judgment on the accommodation claim; reversed the entry of summary judgment on plaintiff's claim that revoking her permission to work late was in retaliation for requesting accommodations; and remanded those claims for further proceedings. The court affirmed the remainder of the district court's decision. View "Solomon v. Vilsack" on Justia Law

Plaintiff, employed as an attorney advisor for the BVA, filed suit against the Secretary of the VA, claiming that the BVA had violated her rights under the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., by failing to accommodate her disability. Plaintiff also claimed that she was constructively discharged because the failure to accommodate her disability left her no choice but to resign. In regards to the failure to accommodate claim, no reasonable jury could find that plaintiff's accommodation request was denied in light of the BVA's continuing good-faith dialogue with plaintiff to determine an appropriate accommodation, which dialogue was cut short by plaintiff's sudden resignation. Consequently, plaintiff's constructive discharge claim also failed. Accordingly, the court affirmed the district court's grant of summary judgment to the Secretary on both claims. View "Ward v. McDonald" on Justia Law

Plaintiff appealed the district court's order of summary judgment rejecting her claim of workplace racial discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. The court concluded that plaintiff failed to identify evidence from which a reasonable jury could find that her non-promotion was racially discriminatory. Accordingly, the court affirmed the judgment of the district court. View "Mulrain v. Castro" on Justia Law

Plaintiff filed suit against defendants, alleging that he was terminated from his position as a special education teacher because of an email he sent to the chancellor, which contained one sentence that constituted speech protected by the First Amendment. The court concluded that plaintiff was using the email as an internal channel through which he could, in his capacity as a teacher, report interference with his job responsibilities. Therefore, under Winder v. Erste, plaintiff's email constituted employee speech unprotected by the First Amendment. Further, it was not unreasonable for defendants to believe that it was not unlawful to fire plaintiff based on preexisting law. Accordingly, the court affirmed the district court's conclusion that the individual defendants were entitled to qualified immunity on plaintiff's First Amendment claim. View "Mpoy v. Rhee, et al." on Justia Law

Petitioners, Broadcasting Board of Governors, sought review of the Board's decision to uphold an arbitrator's finding that the petitioner violated both a collective bargaining agreement (CBA) and federal labor laws when it laid off sixteen employees. The court dismissed the petition for lack of subject matter jurisdiction because Congress has barred the courts from hearing challenges to FLRA orders that involve an award by an arbitrator, unless the order involves an unfair labor practice, and there was no unfair labor practice in this case. View "Broadcasting Board of Governors of Cuba v. FLRA" on Justia Law

Plaintiff filed suit against the Department under Title VII after the Department refused to certify him under the Human Reliability Program. Plaintiff claimed that, in denying him certification, the Department relied on the psychological evaluation of a Department psychologist who allegedly recommended against certification because of plaintiff's race. The court concluded that the Department's decision to certify an applicant under the Human Reliability Program was the kind of judgment covered under Department of the Navy v. Egan. The court also concluded that the individual who performed the psychological evaluation of plaintiff was in the category of officials within the Department authorized and trained to make a judgment about plaintiff's suitability for certification. Therefore, the Department's decision not to certify plaintiff was unreviewable and the court affirmed the judgment of the district court. View "Foote v. Moniz" on Justia Law