Home

A CIVIL RIGHTS MATTER: Supreme Court to Rule On Federal Workers’ Right to Take Complaint to U.S. District Court

Leave a comment

by
Tanya Ward Jordan, President
The Coalition For Change, Inc. (C4C)

On Monday, April 17th, many present and former federal employees lined up to witness the Supreme Court justices open their April session with the case of Anthony Perry, a former Department of Commerce Census Bureau employee and a member of the Coalition For Change, Inc. (C4C).

The question the Supreme Court with newly appointed Judge Neil Gorsuch on the bench must answer is — Whether a Merit Systems Protection Board (MSPB) decision dismissing a mixed case on “jurisdictional grounds” is subject to judicial review in district court or in the U.S. Court of Appeals for the Federal Circuit.

If the Perry case is allowed to proceed in district court it has a far more likely chance of being heard by a jury. For the U.S. Court of Appeals for the Federal Circuit is known to largely “RUBBER STAMP” federal agency decisions.

Christopher Landau, who represented Perry, urged the court to rule that mixed cases like his client’s should go to the district court. But, Brian Fletcher, assistant to the U.S. solicitor general, argued on behalf of the federal government. Fletcher disagreed asserting Perry’s case should go to the U.S. Court of Appeals for the Federal Circuit.

If the Supreme Court were to send Perry’s case to the Court of Appeals for the Federal Circuit, rather than the U.S. District Court, it would be indeed a civil rights blow for Federal workers who challenge unlawful civil rights violations and adverse actions (i.e. wrongful demotions, suspensions, and job terminations). For “some studies report that the U.S. Courts of Appeals affirmed 90 percent of all cases they decided from 1995 to 2005.”  (See footnote 1)

Penn State Law students submitted an amicus brief to Supreme Court in support of Mr. Perry’s right to pursue his claims in U.S. District Court. The amicus brief read:
“The issue at the center of Perry v. Merit Systems Protection Board stems from a 2012 Supreme Court decision, in which the Court held that federal employees whose discrimination claims are dismissed on procedural grounds by the MSPB are entitled to have their cases heard on the merits in federal district court. The Civil Rights Appellate Clinic, along with plaintiff Anthony Perry, argued that a federal employee’s discrimination claim dismissed on jurisdictional grounds, as opposed to procedural grounds, is entitled to the same type of review.”   Read more at link http://news.psu.edu/story/456966/2017/03/21/penn-state-law-students-submit-amicus-brief-supreme-court

The upcoming Supreme Court of the United States (SCOTUS) decision on the Perry case will most likely close the loop and provide clarity for many federal workers, like Perry, who are often coerced into signing settlement agreements that require them to drop valid discrimination claims against the federal government.

Footnote 1: https://www.dcbar.org/bar-resources/publications/washington-lawyer/articles/october-2012-taking-the-stand.cfm

 

 

Whistleblowers! KKK violence from 51 yrs ago — The Klan loses

1 Comment

Join us this evening April 13, 2017 at 7:00 p.m. CST!

More

Whistleblowers !VA Center Michael E. DeBakey Hospital Center water contamination

Leave a comment

Join us Thursday Evening March 30th 2017 at 7:00 pm CST! More

Whistleblowers! The Veterans Administration “Hamster Wheel” w/E. Denise Caldon

1 Comment

Join us Thursday Evening March 23rd 2017 at 7:00 pm CST! More

On Big Vaccine’s Dis-Informers

3 Comments

 

Duty to Warn

By Gary G. Kohls, MD

_________________________________________________________

“(The use of the term “conspiracy theorist” is a similarly cowardly ad hominem attack tactic largely used by official government dis-informer groups like America’s multinational corporations, the Deep State ruling groups, the intelligence agencies like the FBI and CIA, (not to mention similar groups like Britain’s MI6 and Israel’s Mossad).”

_____________________________________________________________

In recent days, I have been in communication with several journalists who have been writing about issues that pertain to an issue in which I have some expertise: the alleged safety and efficacy of the huge number of neurotoxin-containing vaccines that are rather cavalierly administered to babies as young as 1 day, 2 months, 4 months and 6 months, ages in which their blood-brain barriers, their immune systems and their mitochondria are at their most immature and most vulnerable to toxins.

Recently there has been information in the news about Rochester, Minnesota’s school board. They have decreed, probably with the advice and blessings of the Mayo Clinic, that they will be banning from school attendance the couple hundred “under-immunized or un-immunized” students (according to CDC recommendations) until they receive their shots or get clearance from a physician or a parent attesting to their philosophical or religious objections to the shots. The school board has somehow deemed these students to be an existential threat to the immunized students on the basis of the un-proven theory of “herd immunity”. More

Whistleblower’s! Tim King on the Fast & Furious scandal

1 Comment

Join us live March 9, 2017 at 7:00 CST! More

Whistleblower’s! : Lawrence Lucas & USDA civil rights update

Leave a comment

painyJoin us Thursday evening February 23, 2017 at 7:00 pm CST! More

TS Radio: Whistleblower’s: Sean Higgins & Memphis VA also ….”burn pits”

Leave a comment

painyJoin us live January 26th, 2017 at 7:00 pm CST! More

Whistleblowers: Arizona VA .. still a disaster. Two whistleblower’s speak out

1 Comment

painy

Join us January 19, 2017 at 7:00 pm CST! More

TS Radio: Whistleblowers! Female Forestry Workers Face off with USDA!

1 Comment

painyJoin us December 8, 2016 at 7:00 pm CST! More

Whistleblowers! Atty: Michael McCray joins TS Radio for some after election talk!

1 Comment

painyJoin us December 1, 2016 at 7:00 pm CST! More

TS RADIO: Whistleblowers! Forestry workers Face Retaliation & discrimination

2 Comments

painyJoin us Live November 3, 2016 at 7:oo pm CST!

wb1

5:00 pm PST …6:00 pm MST … 7:00 pm CST … 8:00 pm EST

Listen Live HERE!

Call in # 917-388-4520

Hosted by Marti Oakley

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

marcelWhistleblowers is presented in coordination with Marcel Reid and the Whistleblowers Summit July 27-29, 2016 in Washington D.C.

Jonel Wagoner, Darlene Hall, Lesa Donnelly will be our guests this evening to discuss the ongoing retaliation, harassment and intimidation they have suffered while in the employ of the US Forestry Service.

In this male dominated field, the inclusion of women in firefighting and even in archaeology is treated with contempt.    BIO’S  below …….. More

Whistleblower’s! David Frank on unrigging the voting

1 Comment

painyJoin us Thursday September 29th, 2016 at 6:00 pm CST!

WB14:00 pm PST … 5:00 pm MST … 6:00 pm CST … 7:00 pm EST

Listen Live HERE!

Call in # 917-388-4520

Hosted by Marti Oakley

_______________________________

marcelWhistleblower’s! is presented in coordination with Marcel Reid and the Whistleblower’s Summit in Washington D.C.

David Frank returns to talk again about his fail safe voting system that would end the vote rigging, the voting by illegal aliens and dead people.  It would also end the the ability of electronic voting machine manufacturers from programming the machines to produce a predetermined result regardless of how you voted.

David has a very workable and sensible plan to make our votes actually count.  At least with his plan if your preferred candidate didn’t win……you would could be assured it was only because they didn’t get enough votes…..it wouldn’t be because the machines were programmed to flip your votes to the new political royalty.

https://www.facebook.com/david.frank.77920?fref=ts

Join us!  Call in with your questions and join the discussion.

________________________________________

To contact us:  tsrad1@outlook.com

 

TS Radio: Whistleblowers! Sean Higgins updates on Memphis VA

1 Comment

painy

Join us September 8, 2016 at 7:00 pm CST!

WB15:00 pm PST … 6:00 pm MST … 7:00 pm CST … 8:00 pm EST

Listen live HERE!

Call in # 917-388-4520

Hosted by Marti Oakley

_______________________________________

marcelWhistleblowers! is presented in coordination with Marcel Reid and the Whistleblower Summit in Washington D.C.

Guest :  Sean Higgins returns to update on his battle with the Memphis VA.  Sean is an Air Force Veteran, and is employed by the Memphis VA.  During his employment he has uncovered several instances of mismanagement, dangerous conditions for patients and horrendous in house practices that put veterans health in jeopardy.  His exposure of these issues cost him his job. Sean has been reinstated and the management at the Memphis VA has made it their mission to make his time there as miserable as possible.

We will also be discussing the current presidential candidates and their responses to the known issues within the Veterans Administration. Like either one of them even has a clue.

Join us for what should be a eye opening show!

We will take calls the last half of the show.

TS Radio: Whistleblowers! Tom Divine & The Whistleblowers Protection Act

2 Comments

painyJoin us September 1, 2016 at 7:00 pm CST!

WB15:00 pm PST … 6:00 pm MST … 7:00 pm CST … 8:00 pm EST

Listen Live HERE!

Call in # 917-388-4520

Hosted by Marti Oakley

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

whistleWhistleblowers! is presented in coordination with Marcel Reid and the Whistleblowers Summit in Washington D.C.

An upcoming appeals case may seriously threaten whistleblower protections.  Already retaliated against, threatened, harassed and intimidated regardless of the laws protecting them, whistleblowers may be in more danger than ever depending on how this appeals case turns out.

Our Guest:     Tom Devine is co-founder and legal director of the Government Accountability Project. Since 1979, Tom has assisted over 7,000 whistleblowers in defending themselves against retaliation and in making real differences on behalf of the public. In 2015 he won the first U.S. Supreme Court test of the Whistleblower Protection Act. Tom has been a leader in the campaigns to pass or defend 33 major national or international whistleblower laws. Tom has authored numerous books, including The Corporate Whistleblower’s Survival Guide: A Handbook for Committing the Truth, which won the 2011 Frankfurt Book Fair “International Business Book of the Year” award. Tom has been selected as one of Washington DC’s top employment lawyers for the last seven years by Washingtonian magazine.

Older Entries

%d bloggers like this: