Feliciano v. Department of Transportation

Justia · Docket · oyez.org

Argued on Dec 9, 2024.

Petitioner: Nick Feliciano.
Respondent: Department of Transportation.

Advocates:

• Andrew T. Tutt (for the Petitioner)
• Nicole F. Reaves (for the Respondent)

Facts of the case (from oyez.org)

Nick Feliciano, an air traffic controller for the Federal Aviation Administration and a Coast Guard reserve officer, performed active duty from July to September 2012 under 10 U.S.C. § 12302, receiving differential pay. His service was extended to July 2013 without differential pay. From July 2013 to September 2014, he served again under 10 U.S.C. § 12301(d) to support various operations, followed by medical treatment until February 2017 under 10 U.S.C. § 12301(h). In 2018, he filed an appeal alleging a hostile work environment and later amended it to include claims about denied differential pay under 5 U.S.C. § 5538. The Board denied his request for differential pay, citing Adams v. Department of Homeland Security, 3 F.4th 1375 (Fed. Cir. 2021), which required service in a statutory contingency operation for eligibility. Mr. Feliciano appealed this decision.

Question

Is a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency.