The U.S. Court of Appeals for the Federal Circuit affirmed a Merit Systems Protection Board decision that dismissed a former postal worker's petition seeking enforcement of back pay obligations from the United States Postal Service.
In a nonprecedential decision issued Feb. 6, 2026, the Federal Circuit ruled in *McDermott v. United States Postal Service* that the USPS had complied with its obligations to pay Lance McDermott for certain annual leave and applicable interest. The three-judge panel, consisting of Chief Judge Moore, Circuit Judge Chen, and Chief District Judge Kleeh, issued a per curiam opinion affirming the board's dismissal.
McDermott, a former USPS maintenance mechanic from Seattle, represented himself in the appeal. The case stems from his placement on enforced leave in May 2013 due to the postal service's inability to determine whether he could safely perform his duties because of color blindness.
The Merit Systems Protection Board had previously found in March 2025 that the USPS complied with its payment obligations to McDermott, leading to the dismissal of both his petition for enforcement and his petition for review. McDermott was entitled to back pay for certain annual leave and applicable interest, but the board determined the postal service had met these requirements.
The underlying dispute traces back to May 30, 2013, when USPS officials placed McDermott on enforced leave. The postal service took this action because it could not determine whether McDermott's color blindness would prevent him from safely performing his maintenance mechanic duties. This decision initiated a lengthy administrative and legal process that ultimately reached the Federal Circuit.
On April 28, 2015, the Merit Systems Protection Board sustained the USPS's decision to place McDermott on enforced leave. However, the board's ruling apparently included provisions for McDermott to receive back pay for certain annual leave periods and applicable interest on those amounts.
The case reflects the complex employment law issues that can arise when federal agencies make personnel decisions based on medical conditions or disabilities. The Merit Systems Protection Board serves as the primary forum for federal employees to challenge adverse personnel actions, including disciplinary measures, removals, and other employment disputes.
McDermott's pro se representation in the Federal Circuit demonstrates the challenges individual federal employees face when navigating complex administrative and appellate procedures. The Department of Justice represented the USPS through its Commercial Litigation Branch, with attorneys Yariv S. Pierce, Reginald Thomas Blades Jr., Patricia M. McCarthy, and Brett Shumate appearing for the respondent.
The Federal Circuit's jurisdiction over this case stems from its authority to review Merit Systems Protection Board decisions involving federal employment matters. The court has specialized expertise in federal personnel law and regularly handles appeals from board decisions affecting federal workers across various agencies.
The nonprecedential nature of the February 2026 decision means it cannot be cited as binding precedent in future cases, though it may be referenced for its persuasive value. This designation is common for Federal Circuit decisions that apply settled law to specific factual circumstances without establishing new legal principles.
The case highlights the ongoing challenges federal employees face when disputing personnel actions, particularly those involving medical conditions or disabilities. The lengthy timeline from McDermott's initial placement on enforced leave in 2013 to the final Federal Circuit decision in 2026 illustrates the extended duration such disputes can take to resolve through the administrative and judicial process.
For McDermott, the Federal Circuit's affirmance of the board's decision appears to conclude his legal efforts to challenge the USPS's compliance with back pay obligations. The court's determination that the postal service had met its payment requirements effectively ends his enforcement petition.
The decision also underscores the importance of the Merit Systems Protection Board's role in overseeing federal employment disputes and ensuring agencies comply with their obligations to employees, even when adverse personnel actions are sustained. While the board supported the USPS's decision to place McDermott on enforced leave, it also ensured he received appropriate compensation for applicable annual leave periods.
This case serves as a reminder of the complex interplay between federal employment law, disability accommodations, and administrative procedures that govern the federal workforce. The resolution demonstrates how the merit system's protections operate to balance agency management needs with employee rights, even in challenging circumstances involving safety considerations and medical conditions.