Clapper v. Social Security Administration, Commissioner

David Clapper, a former Administrative Law Judge (ALJ) with the Social Security Administration, alleged that his constructive removal was the result of whistleblower retaliation and discrimination. He appealed to the Merit Systems Protection Board (MSPB), asserting that the agency’s actions violated his civil service protections. The MSPB dismissed his appeal for lack of jurisdiction, concluding that Clapper had not established a directly appealable adverse action or properly exhausted his remedies for a mixed case complaint. Clapper petitioned the United States Court of Appeals for the Federal Circuit for review. On September 24, 2018, the Federal Circuit affirmed the MSPB’s dismissal. The court held that Clapper failed to demonstrate a jurisdictional basis for his appeal before the Board, and thus the Federal Circuit was compelled to uphold the administrative ruling, reinforcing the strict procedural requirements governing federal employee claims.

The United States Court of Appeals for the Federal Circuit affirmed the Merit Systems Protection Board's final decision dismissing the appeal for lack of jurisdiction.

Whether the Merit Systems Protection Board possessed jurisdiction over David Clapper's appeal alleging whistleblower retaliation and discrimination relating to his separation from the Social Security Administration, and whether the appeal was properly presented for federal judicial review.

The ruling highlighted the complex jurisdictional hurdles that federal Administrative Law Judges and other employees must overcome when alleging retaliation or discrimination. It underscored the critical importance of strictly adhering to procedural exhaustion requirements before the MSPB and clarified the narrow scope of the Board’s review authority, setting a notable boundary in federal employment law practice.