Fed. Circ. Curbs 'Sensitive' Federal Workers' Appeal Rights

Law360, New York (August 21, 2013, 1:19 PM EDT) -- The Federal Circuit ruled Tuesday that national security concerns prevent the Merits System Protection Board from reviewing U.S. Department of Defense personnel decisions, a ruling critics said will strip federal workers of the right to appeal adverse employment decisions.

In a 7-3 decision, the federal appeals court held that the MSPB lacks standing to review DoD determinations concerning an employee's eligibility to hold “noncritical sensitive” positions, regardless of whether the position allows access to classified information.

The Federal Circuit's holding expands the U.S. Supreme Court's 1988...
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