Phillip Spyropoulos v. Social Security Administration

This case arises from the removal of a federal attorney after making allegedly protected disclosures. These included an ALJ’s violations of the Constitution and federal laws— including discriminating against claimants with substance , abuse and criminal histories, minorities, and other classes. Petitioner was explicitly directed to disregard governing laws and regulations while writing disability decisions. After escalating, he was directed to cease making disclosures. Petitioner also disclosed a supervisor’s widespread harassment allegedly resulting in employee harm— including a paralegal’s emergency room admission— prompting Petitioner to take a leadership role in organizing an office-wide response via a formal complaint to the regional office signed by all the office’s attorney advisors and supervising attorneys. He alleges that he was subsequently subjected to dozens of retaliatory actions culminating in his removal following a forensic search of his emails back 15 years—pretexted by the discovery of four PIT violations. The Merit Systems Protection Board (MSPB) rejected Petitioner’s claims that these were protected disclosures under the Whistleblower Protection Act. The United States Court of Appeals for the Federal Circuit affirmed, concluding that Petitioner failed to identify any “law, rule, or regulation” allegedly violated, also upholding removal based on four “personally identifiable information” violations and for sharing public, regulatory information with an attorney. He further alleges First and Fifth Amendment violations, the failure to apply any Douglas factors, and no independent assessment by the Deciding Official. Because the Federal Circuit exercises exclusive jurisdiction over MSPB appeals, its rulings govern federal employees nationwide. The questions presented are: 1. Whether a federal employee makes a protected disclosure under the Whistleblower Protection Act, 5 U.S.C.