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Government Executive email Appeals board itself had conceded its judge made mistakes on the case. Senior Correspondent A federal court has overruled an administrative judge on a case with significant implications for federal employee protections, saying the judge s errors in his initial ruling were so severe he should be removed from the case entirely. The case, Tao v. Merit Systems Protection Board, positioned the Office of Special Counsel the agency tasked with enforcing federal whistleblower protection laws against the MSPB ruling, and eventually led the board to argue its own judge had erred. OSC had filed a brief before the U.S. Court of Appeals for the Federal Circuit saying the judge’s ruling risked leaving federal workers uncertain about their rights and “vulnerable to retaliation explicitly prohibited by the statute.” ....
ADVERTISEMENT Fed Circ. Revives Pharmacist s Whistleblower Case Law360 (May 7, 2021, 8:11 PM EDT) The Federal Circuit on Friday found that a Merit Systems Protection Board administrative judge was wrong to throw out a whistleblower s case by a U.S. Department of Veterans Affairs pharmacist accusing her superiors of improperly disciplining employees, reviving the case and reassigning it to a different judge given the magnitude of the error. A three-judge panel ordered the MSFB to take another look at the case of Debra Tao, a pharmacist who works in the VA s Greater Los Angeles Healthcare System and alleged that she was given a three-day suspension after she reported getting harassed by her immediate supervisor. Last year,. ....