Federal employee claim dismissed by the MSPB. Gladys S. Blount, former assistant principal at a federally operated elementary school, appealed a Merit Systems Protection Board (MSPB) decision to dismiss her complaint for lack of jurisdiction.
In August of 2019 Blount filed an individual-right-of-action (IRA) appeal with the MSPB claiming that the Department of Defense Education Activity (DDEA) engaged in retaliation against her for protected whistleblower activities. Blount alleged that the agency retaliated with disparate work assignments, including an order to attend a training session she missed (Blount disputed missing the session), a requirement to submit an action plan required of all attendees, and emails reminding her of the action plan and offering help to complete it. No disciplinary action was taken against Blount. The MSPB determined that Blount had not adequately addressed how these actions were disparate against her or identified any actions taken by the agency that qualified as personnel action under the whistleblower statute. The MSPB dismissed for lack of jurisdiction and the United States Court of Appeals for the Federal Circuit affirmed.
Gladys S. Blount v. Merit Systems Protection Board http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/21-1393.OPINION.8-3-2021_1813562.pdf
Kirk J. Angel represents federal employees in proceedings before the MSPB. If you need an MSPB attorney, set your free 15 minute consultation today! https://theangellawfirm.com/msbp