Case Law Update Conor Dirks Case Law Update Conor Dirks

Federal Circuit: “Retaliatory” Investigations Not Personnel Actions Under WPA

A Department of Veterans Affairs medical center director made multiple protected disclosures to the VA Office of Inspector General about agency spending and contracts in October 2013. He repeated those concerns in a conference call in January 2014. His second line supervisor was on that conference call. The second-line supervisor, several weeks later, appointed an Administrative Investigation Board (AIB) to investigate inappropriate relationships with subordinate staff, and investigators treated the medical center director as a subject of that investigation.

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White House Releases Guidance on Reopening Federal Agencies

The White House has rolled out its plan to begin reopening the country following the shutdown of non-essential businesses in nearly every state due to the coronavirus pandemic. To go along with guidelines for state, local, and tribal governments and the private sector for reopening the country, the Office of Personnel Management (OPM), in conjunction with the Office of Management and Budget (OMB), has released guidance for agencies on actions they may take to return to normal operations while still prioritizing adherence to local advisories.

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NIST Launches Challenge to Improve Technology for First Responders

The National Institute of Standards and Technology (NIST) has announced a new four-phase competition challenge, called the Chariot Challenge, aimed at using innovative technologies to provide first responders with more accurate and immediate information when responding to public emergencies. The competition includes an Augmented Reality (AR) challenge and an Internet of Things (IoT) challenge.

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Case Law Update Conor Dirks Case Law Update Conor Dirks

Supreme Court: Federal Sector Personnel Actions Must Be Free of Any Consideration of Age

On April 6, 2020, the United States Supreme Court issued its decision in Babb v. Wilkie. The question in this case was whether the Age Discrimination in Employment Act of 1967 (ADEA) requires federal sector employees to show that age was a “but-for” cause of the personnel action taken, rather than merely show that it was tainted by any discrimination at any stage. Previously, the court interpreted the private-sector provision to require “but-for” causation. In its April 6 decision, the Court held that “[t]he plain meaning of § 633a(a) demands that personnel actions be untainted by any consideration of age.”

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The Takedown FEDagent The Takedown FEDagent

Georgia Man Arrested for Attempting to Defraud VA

Christopher Parris of Atlanta, Georgia has been arrested and charged with wire fraud for attempting to sell millions of nonexistent respirator masks to the Department of Veterans Affairs (VA) in exchange for large upfront payments. Parris made a series of misrepresentations in an attempt to get the VA to secure orders for up to 125 million face mask and other personal protective equipment (PPE) which would have totaled over $750 million.

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FEDtalk FEDagent FEDtalk FEDagent

Here to Help: Resources for Feds During COVID-19

On FEDtalk this week, join host Tony Vergnetti to hear about some of the important resources available to federal employees and recommendations for federal employees during these times of financial uncertainty and vulnerability brought on by the COVID-19 crisis. It is especially critical for federal employees to obtain information that is credible and easy to understand.

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The Spotlight, Partner Columns FEDS Protection The Spotlight, Partner Columns FEDS Protection

When Overwhelmed is an Understatement – Knowledge is Power

“I’m overwhelmed” has never been echoed amongst LEOs across all agencies more than it is right now. Officers are concerned over decisions and actions/inactions in the performance of duties and/or managing incarcerated individuals, parolees, subjects, targets, COVID related crimes, etc. Supervising agents are also concerned about managing employees.

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DHS Establishes Coronavirus Procurement Team, Provides Additional Contractor Guidance

The Department of Homeland Security announced last week a specialized team dedicated to procurement related to the COVID-19 pandemic. The COVID-19 Procurement & Acquisition Innovation Response (PAIR) Team is providing support to DHS components, such as the Federal Emergency Management Agency (FEMA), in reviewing, vetting, and coordinating procurement inquiries.

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NIST Makes Revisions to Mobile Security Guidelines Amid Increased Telework

The National Institute of Standards and Technology released an update to their Guidelines for Managing the Security of Mobile Devices in the Enterprise. This update to the mobile device guidelines is the first since 2013 and, while it was not done due to the surge in employees on telework, NIST leaders do note its particular importance during the current situation.

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Case Law Update Conor Dirks Case Law Update Conor Dirks

Workers File Class Action Lawsuit for COVID-19 Hazard Pay

In a complaint filed in the United States Court of Federal Claims, five federal employees, on behalf of themselves and all others similarly situated, alleged that they performed work “with or in close proximity to objects, surfaces, and/or individuals infected with the novel coronavirus (“COVID-19”).” On March 27, 2020, in their complaint, the employees alleged they were entitled to, but did not receive, hazardous duty pay differential for exposure to virulent biologicals set forth in federal regulations.

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