Fed. Circ. Limits Federal Workers' Employment Appeal Rights

Law360, New York (August 22, 2012, 5:33 PM EDT) -- The Federal Circuit ruled Friday that national security concerns can limit the review of personnel actions taken by federal agencies even against employees without access to classified information, creating an expansive exception that experts say could significantly curb federal workers' rights to contest adverse employment decisions.

In a 2-1 decision, the appeals court held that the U.S. Supreme Court's 1988 decision in Department of the Navy v. Egan prohibits the Merits System Protection Board from reviewing an executive branch agency's determination concerning an employees eligibility to occupy a "sensitive" position, regardless of whether the position requires access to classified information....

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