Conor D. Dirks
Conor D. Dirks is a Partner at the law firm Shaw Bransford & Roth, where he has practiced law since 2013. Mr. Dirks litigates cases in federal district and appellate courts, and administrative forums such as the U.S. Merit Systems Protection Board, Foreign Service Grievance Board, and U.S. Equal Employment Opportunity Commission.
About Mr. Dirks
Mr. Dirks represents federal employees of all grade levels confronted with proposed disciplinary action, and also advises employees subject to federal investigations, including investigations conducted by Inspectors General, Congress, the Office of Special Counsel, or administrative investigations by the employee’s own agency.
In addition to his work on behalf of government employees, Mr. Dirks has successfully defended government agencies against EEO complaints, MSPB appeals of agency disciplinary actions, and Individual Right of Action (IRA) appeals.
Mr. Dirks represents and defends attorneys subjected to investigation of allegations of misconduct and disciplinary proceedings, including Department of Justice attorneys subjected to Office of Professional Responsibility (OPR) proceedings. He also represents individuals throughout the security clearance application and investigation process. In doing so, he helps individuals respond to and contest decisions to suspend or revoke their security clearance.
Mr. Dirks has briefed questions of statutory interpretation and due process at the U.S. Court of Appeals for the Federal Circuit, and has years of experience contesting federal government actions in U.S. District Court and federal administrative forums.
Mr. Dirks also represents federal whistleblowers and has assisted employees in successfully disclosing wrongdoing at their agency to the Office of Special Counsel or to an Inspector General. He has also sought and received corrective action for employees subjected to whistleblower retaliation.
Mr. Dirks has advocated for clients in mediation, and is also a trained mediator and graduate of the mediation skills training at the U.S. Federal Mediation and Conciliation Service. Mr. Dirks currently serves as a mediator in D.C. Superior Court Multi-Door Dispute Resolution mediation program.
Mr. Dirks also authors a weekly column for FEDmanager summarizing recent federal court opinions affecting the federal workforce. His column explains for non-attorneys recent legal developments that will impact disciplinary processes, performance evaluations, due process rights, and other issues relevant to public employment. In addition to his weekly FEDmanager column, Mr. Dirks also writes the Legal Brief, a comprehensive explanation of the biggest cases impacting federal workers, on a quarterly basis in the Federal Manager Magazine.
In law school, Mr. Dirks clerked at Shaw Bransford & Roth. Mr. Dirks also served as a clerk at the High Court of the Republic of the Marshall Islands, where he updated and modernized the Marshall Islands Rules of Civil Procedure, the Marshall Islands Rules of Criminal Procedure, and the Juvenile Rules to reflect changes in the United States Federal Rules of Civil Procedure and electronic discovery practices. As a clerk at the High Court, he helped craft decisions in cases involving government fraud, shareholder derivative actions, and family law, among others.
Areas of Practice
Federal Personnel and Employment Law
Private Sector Employers
Federal Agency (GSA Schedule) Legal Services
Security Clearances
FOIA and Privacy Act
Association Law
Mediation Practice
Certified – Federal Mediation and Conciliation Service
Mediator – D.C. Superior Court Multi-Door Dispute Resolution
Member – Community Mediation DC
Education
B.A., Kenyon College
J.D., Emory University School of Law
Bar & Court Admissions
Georgia
District of Columbia
U.S. Court of Federal Claims
U.S. District Court for the District of Columbia
U.S. Court of Appeals for the Federal Circuit
U.S. Supreme Court
Publications & Appearances
Author, “Legal Brief,” Federal Manager Magazine
Author, “Case Law Update,” FEDmanager
Author, “Case Law Update,” FEDagent
Guest, “Will This Court Decision Gut the Regulatory State?" GovExec Daily
Guest, “The 2017 VA Accountability Law and the Courts,” GovExec Daily
Contributor, “Ask the Lawyer,” The Federal Times, 2014-2019
Significant Cases
Principal brief writing for Court-appointed Amicus Curiae in Santos v. National Aeronautics & Space Admin., 990 F.3d 1355 (Fed. Cir. 2021) (determining for the first time that an agency must prove the justification for the institution of a performance improvement plan when the agency predicates removal on the employee's unacceptable performance).
Rubens v. Department of Veterans Affairs, MSPB No. PH-0707-16-0151-J-1, 2016 WL 526831 (Feb. 1, 2016) (reversing Deputy Secretary’s decision under newly enacted personnel statute to demote a Senior Executive Service Director to a General Schedule position)