Summary

This episode of FEDtalk explores the top federal employment cases of 2023. The conversation covers a range of topics, including religious accommodations in the workplace, the correct legal standards for discrimination claims, and the proper application of Bivens litigation. The hosts and guests discuss these cases' impact on federal employees and agencies and the broader implications for trust and accountability in the federal government. This episode of FEDtalk explores various aspects of employee removal processes, the consequences of incorrect legal standards, the importance of upholding individual rights, transparency and accountability in federal agencies, limitations on agency authority, and challenges to unconstitutional agency structures.

Takeaways

• The Supreme Court clarified the legal standards for religious accommodations in the workplace in the case of Groff v. DeJoy, emphasizing the need for a substantial burden on the employer to deny accommodation.
• An Inspector General report revealed that the Department of Interior's Office of Diversity, Inclusion, and Civil Rights had been applying an incorrectly low burden of proof in discrimination cases, highlighting the importance of applying the correct legal standards.
• The Federal Circuit ruled in Williams v. BOP that when an agency fails to prove all charges on appeal, the adjudicator must independently assess the penalty, rather than deferring to the agency's evaluation.
• The discussion also touched on the ongoing debate over Bivens litigation and the limitations on bringing lawsuits against federal employees for constitutional violations.
• Congress's experiments with VA accountability reform have resulted in changes to the removal process for senior executives and other employees, aiming to address concerns about performance and misconduct in the VA workforce. There are different processes for removing employees based on misconduct or performance.
• Incorrect legal standards can have significant consequences, leading to the reinstatement of employees who should have been fired.
• Upholding individual rights is crucial to ensure equal and just enforcement of the law.
• Transparency and accountability are essential in federal agencies to establish the legitimacy of their actions.
• There are limitations on agency authority, and agencies must adhere to established standards and processes.
• Challenges to unconstitutional agency structures are being increasingly recognized by the courts.

To read the full case law updates, visit here: https://www.shawbransford.com/case-law-update