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.
whistleblower - FEDmanager - News for feds
The U.S. Court of Appeals for the Federal Circuit has set a new precedent for the federal workforce by upholding a ruling from the Merit Systems Protection Board (MSPB) wherein a State Department employee was punished for refusing to carry out an assignment that would have gone against federal rules.
Appeals Court: FBI Employees Cannot Raise Defense of Whistleblower Reprisal in Adverse Action Appeals
The United States Court of Appeals for the Federal Circuit, the reviewing court of the Merit Systems Protection Board, reversed a Board decision denying relief for a personnel action taken by the Department of Justice, finding that the Board’s decision was not supported by substantial evidence.
A bill to clarify that the Whistleblower Protection Act, in fact, shield federal employees who disobey orders because they are illegal, was presented to the President last week after passing both houses of Congress.
Members on both sides of the aisle are seeking clarity from the new administration on how recent directives may impact federal employees and their perceptions of whistleblower rights.
Whistleblowers and Inspectors General are a popular lot on Capitol Hill, since they identify issues large and small at agencies. As like any human being, sometimes the two make mistakes – and those mistakes can have huge implications for employees, agencies, and government policy.
The Merit Systems Protection Board reversed the decision of an administrative judge, finding that actual knowledge of an employee’s protected whistleblowing disclosures is not the only way to show that the employee’s disclosures were a “contributing factor” for a personnel action.
Last week, the latest iteration of the biannual scorecard jointly developed by the Government Accountability Office (GAO) and the House Oversight and Government Reform Committee was released.
The Senate Homeland Security and Governmental Affairs (HSGAC) Committee Chairman, Ron Johnson (R-WI), sent a letter to the Government Accountability Office (GAO) requesting an in-depth examination of the Office of Special Counsel’s (OSC) procedures and oversight mechanisms.
Tune in this week for a special show on whistleblower programs with the Justice Department’s Deputy IG, a Deputy Counsel at Department of Homeland Security's Office of Inspector General, and the Office of Special Counsel's Chief of Investigation and Prosecution.