Supreme Court Unanimously Holds Appeals Alleging Discrimination Dismissed By MSPB Should Be Judicially Reviewed In District Court And Not Federal Circuit

On December 10, 2012, the United States Supreme Court unanimously held that all federal employees’ appeals to the Merit Systems Protection Board (“MSPB”) of adverse personnel actions involving a claim for discrimination, which are dismissed by the MSPB should be judicially reviewed in the district court.  Previously, only appeals that were decided “on the merits” by the MSPB could be reviewed by the district court.  Those appeals that were dismissed on procedural grounds were required to be reviewed by the United States Court of Appeals for the Federal Circuit.  The case is Kloeckner v. Solis, No. 11-184.

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