Boylan Blog
MSPB Decision “Chilling” to Whistleblowers

September 15, 2011 - The Office of Special Counsel says a recent decision by the Merit Systems Protection Board not to review the 2006 firing of an Air Marshall has a “substantial risk” of intimidating future whistleblowers.    

In 2003, former Air Marshal Robert MacLean informed the media that his colleagues were prevented from traveling cross-country because of lack of funding for hotel rooms. The Transportation Security Administration fired him in 2006, claiming he revealed sensitive security information.  

In 2009 the MSPB upheld a court decision that supported the TSA.  Last month, the Office of Special Counsel asked MSPB to reconsider. MSPB said its regulations don’t allow it to reconsider its rulings.

MacLean reportedly plans to file an appeal with the Federal Circuit Court of Appeals this month.  

Texas Roadhouse

October 6, 2011 - On Monday, the Equal Employment Opportunity Commission (EEOC)  filed a lawsuit in federal court against Texas Roadhouse, accusing the Kentucky-based restaurant chain of age discrimination.  

The suit, filed in Boston where these alleged practices occurred, describes managers being coached to hire younger applicants for positions that are “front of house” - a phrase depicting roles performed in view of the public - such as servers, hosts and bartenders.  The EEOC alleges that some rejected applicants over 40 were actually told that the restaurant was “looking for people on the younger side.”

The suit is pursuing financial damages for those denied employment.  Also, revised training and new policies to prevent age bias and discrimination in the future.