S2977-119

What This Bill Does

The Fair Access to Swift and Timely Justice Act (FAST Justice Act) addresses delays at the Merit Systems Protection Board (MSPB) by giving federal employees and job applicants the right to take their case directly to federal court if the MSPB fails to act on their appeal within 120 days. Currently, federal workers who challenge terminations, demotions, or other personnel actions can face lengthy waits for MSPB rulings, leaving them in limbo without resolution.

Who Benefits and How

Federal employees and job applicants who have filed appeals with the MSPB are the primary beneficiaries. Instead of waiting indefinitely for the MSPB to rule on their cases, they gain the option to bypass the administrative backlog and seek resolution in federal district court after four months. This provides a faster path to justice for workers challenging adverse personnel actions like wrongful termination.

Who Bears the Burden and How

The Merit Systems Protection Board faces pressure to resolve cases more quickly or see its caseload shifted to federal courts. Federal agencies that are respondents in these appeals may need to defend cases in federal court rather than before the MSPB, potentially requiring more legal resources. Federal courts may see an increased caseload of employment disputes that would otherwise remain with the MSPB.

Key Provisions

• Creates an automatic right to file a civil action in federal court if the MSPB does not act on an appeal within 120 days
• Allows cases to be filed in the judicial district where the personnel action occurred, where the employee would have worked, or where the respondent agency has its principal office
• Requires courts to apply the same evidentiary standards that the MSPB would have used
• Provides for appeals to the appropriate circuit court of appeals