The Federal Circuit affirmed the dismissal of Plaintiff’s appeal of a final decision of the Merit Systems Protection Board, declining to retroactively apply Whistleblower Protection Enhancement Act (WPEA) of 2012.  Hicks v. Merit Systems Protection Board, No. 16-1091 (Fed. Cir. Mar. 22, 2016), ECF No. 28.  Plaintiff, a former Air Force secretary, claims she was fired in 1990 in retaliation for filing a previous appeal with the board.  At the time of her termination, filing an appeal with the board was not a protected disclosure.  When the WPEA was expanded in 2012, however, it significantly increased whistleblower protections available, including protections for filing board appeals.  Nonetheless, due to a lack of clear evidence from Congress to the contrary, the Federal Circuit declined to retroactively apply the expanded protections, and thus affirmed the dismissal of Plaintiff’s claim.