10 December the U.S. Supreme Court unanimously held that a federal employee who claims that an agency action appealable to the U.S. Merit Systems Protection Board violates an anti-discrimination statute listed in §7702(a)(1) should seek judicial review in district court, not the Federal Circuit, regardless whether the MSPB decided her case on procedural grounds or on the merits. Pp. 7–14.
This decision is significant.
It means that federal employees with a discrimination claim will go to U.S. District Court, not the U.S. Court of Appeals for the Federal Circuit to appeal a U.S. Merit Systems Protection Board (MSPB) decision, even if the MSPB decision was decided on procedures and even if the discrimination claims were not decided.
Federal employees without a claim of discrimination, for example, would appeal a final MSPB decision to the U.S. Court of Appeals for the Federal Circuit.
William Aramony, Law Offices 