Yesterday President Trump signed into law Follow the Rules Act, which prohibits an agency from taking a personnel action against an employee for refusing an order that would require the employee violate a law, rule or regulation. The Act overturns the Federal Circuit’s 2016 decision in Rainey v. Merit Sys. Prot. Bd., 2016 WL 3165617 (Fed. Cir. June … Continued
Proving an Affirmative Defense of Discrimination in an MSPB Appeal The Board’s September 3, 2015 decision in Savage v. Department of the Army clarifies the burden that an appellant must meet to prevail on an affirmative defense of discrimination in an adverse action appeal. While the Board held that an appellant need not meet the … Continued
An article in The Washington Post titled VA uses patient privacy to go after whistleblowers, critics say reports that the VA has routinely used HIPPA to stifle whistleblowers. And a letter from AFGE to the VA’s General Counsel provides examples of the VA disciplining or threatening to discipline whistleblowers for allegedly violating HIPPA or … Continued
An article titled Supreme Court will review whistleblower complaint reports that the Supreme Court will review a Federal Circuit decision holding that former air marshal Robert MacLean engaged in protected whistleblowing under the Whistleblower Protection Act when he disclosed to the media that the TSA was planning to remove air marshals from long-distance flights … Continued
CLE About Practicing Before the MSPB Whistleblower attorney Jason Zuckerman spoke at a DC Bar CLE program titled “Practice Before the Merit Systems Protection Board (MSPB): What Happens After the Whistle is Blown?” The program addressed the basics of Whistleblower Protection including a review of the Whistleblower Protection Enhancement Act (WPEA) and how both whistleblower … Continued
Jason Zuckerman co-authored a paper titled The U.S. Office of Special Counsel’s Role in Protecting Whistleblowers and Serving as a Safe Channel for Government Employees to Disclose Wrongdoing.The paper discusses whistleblower protections for federal employees and OSC’s role in enforcing those protections.