Demery also went through the MSPB process for a WPA claim, and she appealed the MSPB's denial of her request for corrective action to the Federal Circuit. See Demery v. Dep't of Army, 809 Fed.Appx. 892 (Fed. Cir. 2020). That case also concerned her non-selection for the analyst position.
Age Discrimination in Employment Act, and the Whistleblower Protection Act, see Ahuruonye v. U.S. Dep't of Interior, 312 F.Supp.3d 1, 13-14 (D.D.C. 2018); (2) to the extent the plaintiff seeks relief under the WPA, which would implicate a process going through the Merits Systems Protection Board, any MSPB “decision is appealable to the Federal Circuit” and not properly in this Court, see Weber v. United States, 209 F.3d 756, 758 (D.C. Cir. 2000); and (3) the plaintiff's claims are barred by res judicata, namely that she raised identical claims that were previously rejected by the U.S. District Court for the District of Maryland, the Fourth Circuit Court of Appeals, and the Federal Circuit. See Demery v. McHugh, 959 F.Supp.2d 5 (D.D.C. 2013); Demery v. McHugh, No. PWG-13-2389, 2014 WL 4452672 (D. Md. Sept. 9, 2014); Demery v. McHugh, 641 Fed.Appx. 263 (4th Cir. 2016); Demery v. Dep't of Army, 809 Fed.Appx. 892 (Fed. Cir. 2020). The plaintiff has thus conceded these points.