Merit Systems Protection Board Archives

Congress Strengthens Whistleblower Protections for Federal Employees

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

MSPB Clarifies Burden-Shifting Framework for Discrimination Appeals

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 Nassar “but for” causation standard to prove a violation of … Continued

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VA Using Patient Privacy to Stifle Whistleblowers

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 the … Continued

Whistleblower Lawyer Jason Zuckerman Quoted About MacLean Whistleblower Protection Act Case

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 due … Continued

Jason Zuckerman Co-Authors Paper on Federal Employee Whistleblower Protections

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.