shaw bransford & roth case law update

9th Circuit Adopts Federal Circuit Holdings in Whistleblower Appeal

The 9th Circuit Court of Appeals adopted the Federal Circuit Court of Appeals’ holdings with regard to the test of whether an agency has carried its burden to prove whether the agency would have taken the same personnel action against an employee irrespective of the employee’s protected disclosures, and with regard to whether an employee may be disciplined for the manner in which he or she communicates a protected disclosure.

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