DC Circ. Limits Gov't Title VII Liability For Security Probes

Law360, New York (July 10, 2012, 9:33 PM EDT) -- The D.C. Circuit on Tuesday ruled that the federal government is not insulated from all Title VII claims involving agency security clearance decisions but held that an employee claiming a retaliatory security investigation must show a knowingly false report was made.

In a split decision, the appeals court adopted a “knowingly false” standard for security reporting claims under Title VII, narrowing on rehearing its previous decision overturning a jury verdict in favor of Wilfred Rattigan, a Muslim FBI employee who had claimed the agency had launched...
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