On June 11th, 2012, in
Elgin v. Dept. of Treasury, (The U.S. Supreme Court, No. 11-45), held that the Civil Service Reform Act (CRSA) provides the exclusive avenue to judicial review when adverse personnel actions are brought by federal employees.
In Elgin, Elgin was fired by the Dept. of Treasury for failing to register for the Selective Service. Elgin sought out the Merit Systems Protection Board (MSPB) to appeal his removal and argued that the firing was unconstitutional. An administrative law judge dismissed Elgin's claim. Elgin then joined others in a suit and filed in the district court. The district court denied Elgin's claim. The Court of Appeals vacated the judgment and remanded.
The US Supreme Court affirmed the district court's judgment. The Court cited that the CSRA proscribed in detail the remedies and protections available to federal employees. The Court noted that the CSRA did not allow extra statutory review when the CSRA granted administrative and judicial review. The Court ultimately found that extra statutory review was not necessary because Elgin was a removed employee to whom the CSRA review was provided.
If you have suffered from retaliation, wrongful termination, or harassment, please do not hesitate to
contact a Southern California Employment attorney today.
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