Bradley N. Garcia testifies before the Senate Judiciary Committee during his confirmation hearing to be U.S. Circuit Judge for the District of Columbia Circuit, on Wednesday, July 27, 2022. (Photo: Diego M. Radzinschi/ALM) DC Circuit Rules Civil Servant Was Removed, Demoted Without Proper Due Process
Risa L. Lieberwitz, a professor of labor and employment law in the Cornell University School of Industrial and Labor Relations, said the D.C. Circuit's majority opinion is "quite a significant decision."
May 15, 2024 at 09:53 AM
4 minute read
Employment LawBy Sulaiman Abdur Rahman
What You Need to Know
- The Army failed to provide adequate due process before removing a career civil servant, the D.C. Circuit found.
- Senior Executive Service appointee Maria Esparraguera did not receive notice or an opportunity to be heard before her removal from the SES.
- A 2-1 majority decision reversed a lower court judgment and ordered the D.C. district court to determine the due process parameters.
The U.S. Court of Appeals for the District of Columbia Circuit found the Army had removed a career appointee from her job-protected status without offering adequate due process, reversing a lower court judgment.
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