The PennZone

WASHINGTON - PennZone -- Oral arguments have been scheduled for next month in the case of Anthony Perry vs Gina Raimondo, et. al, U.S. Department of Commerce.

Nathaniel A.G. Zelinsky, with Hogan Lovells, filed an amicus brief in the United States Court of Appeals for the District of Columbia on behalf of Anthony Perry. The brief states the District Court erred when it declined to consider Perry's discrimination claims de novo against his former employer, the U.S. Department of Commerce.

Perry, who served as a Supervisory Information Technology Specialist with Commerce's Census Bureau, says officials trumped up charges against him. They then used a settlement agreement to pressure him into dropping EEO complaints against the department.

"After 29 years of dedicated federal service I was pressured into early retirement or face termination without a pension," said Perry.

More on The PennZone

• Los Angeles' Best Food: Food Journal Magazine Examines the Trends Shaping the City's Dining Scene
• Landmark Construction Expands Glass, Glazing, and Commercial Remodeling Services Across Los Angeles County and Surrounding Areas
• Imagen Golf Announces Strategic Partnership with The Back Nine of Yardley to Deliver World-Class Indoor Golf Instruction
• Jazzin' On Ridge Returns for Its 6th Annual Celebration of Music, Culture, and Community
• ENTOUCH Named Top 100 Inspiring Workplaces in North America for Third Consecutive Year

After signing the agreement, Perry fought to have his case heard in judicial forums including the Merit Systems Protection Board and later the U.S. District Court for the District of Columbia. However, both claimed they had no jurisdiction to hear the case. Eventually, Perry made it to the Supreme Court.

In 2017, the Supreme Court ruled that judicial review of Perry's case rested in the district court. It sent the case back to the US District Court for the District of Columbia. Rather than review Perry's case, Presiding Judge Chutkan dismissed it. In 2022, Chutkan rejected the high court's ruling. On September 30, 2022, in a Memorandum of Opinion, Judge Chutkan opined:

"Unfortunately for Perry, this Court will not reach his discrimination claims either but instead will affirm the Merit Systems Protection Board's (MSPB or "Board") decision dismissing his claims for lack of jurisdiction."

More on The PennZone

• Rebecca L. Francis Receives Pennsylvania's Most Influential Leaders Award
• Pulse Wave is where moments become movements
• Michigan's Plane Crash Data Points Away from Big Airports
• 2iG Solutions Launches MGA Insight, Bringing AI-Powered Business Intelligence to Managing General Agents
• A Better Way to Find a Real Estate Agent Is Coming Soon

David Grogan a retired supervisory deputy U.S. marshal who served in the U.S. Marine Corps, relates an account of a similar settlement. "I will attend the Perry case oral arguments," says Grogan, who led a $300 million lawsuit against the Justice Department. "Like Anthony Perry and many truth-telling employees, I was subjected to tremendous retaliation from my employer and forced to drop claims against the Department.

"Coalition For Change, Inc. (C4C) members applaud Anthony Perry's resolve to challenge government coercion," say Tanya Ward Jordan, C4C's President. " It is common for rogue federal officials to come up with settlement agreements and then use them to silence employees who report unlawful acts. MSPB and EEOC protection rarely extend to civil servants who are victimized and public safety is often compromised."

The oral argument is scheduled for 9:30 a.m., February 12, 2024, in the United States Court of Appeals for the District of Columbia Circuit.