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Whistleblower Protection Act: Difference between revisions
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* The [[Office of Special Counsel]] investigates federal whistleblower complaints. In October 2008, then-special counsel [[Scott Bloch]] resigned amid an [[Federal Bureau of Investigation|FBI]] investigation into whether he obstructed justice by illegally deleting computer files following complaints that he had retaliated against employees who disagreed with his policies. Then-Senator [[Barack Obama]] made a campaign vow to appoint a special counsel committed to whistleblower rights. It was not until April 2011 that President Obama's appointee [[Carolyn Lerner]] was confirmed by the Senate. Today, the primary mission of OSC is to safeguard the merit system by protecting federal employees and applicants from prohibited personnel practices, especially reprisal for whistleblowing. | * The [[Office of Special Counsel]] investigates federal whistleblower complaints. In October 2008, then-special counsel [[Scott Bloch]] resigned amid an [[Federal Bureau of Investigation|FBI]] investigation into whether he obstructed justice by illegally deleting computer files following complaints that he had retaliated against employees who disagreed with his policies. Then-Senator [[Barack Obama]] made a campaign vow to appoint a special counsel committed to whistleblower rights. It was not until April 2011 that President Obama's appointee [[Carolyn Lerner]] was confirmed by the Senate. Today, the primary mission of OSC is to safeguard the merit system by protecting federal employees and applicants from prohibited personnel practices, especially reprisal for whistleblowing. | ||
* The [[Merit Systems Protection Board]], a quasi-judicial agency that adjudicates whistleblower complaints, uses appointed administrative law judges who often back the government. Since 2000, the board has ruled for whistleblowers just three times in 56 cases decided on their merits, according to a [[Government Accountability Project]] (GAP) analysis. Obama appointed a new chairperson and vice chairperson with backgrounds as federal worker advocates, but [[Tom Devine (lawyer)|Tom Devine]] of the GAP argued that it would be "likely to take years for them to turn things around." Currently, this office works to protect the Merit System Principles and promote an effective Federal workforce free of Prohibited Personnel Practices. | * The [[Merit Systems Protection Board]], a quasi-judicial agency that adjudicates whistleblower complaints, uses appointed administrative law judges who often back the government. Since 2000, the board has ruled for whistleblowers just three times in 56 cases decided on their merits, according to a [[Government Accountability Project]] (GAP) analysis. Obama appointed a new chairperson and vice chairperson with backgrounds as federal worker advocates, but [[Tom Devine (lawyer)|Tom Devine]] of the GAP argued that it would be "likely to take years for them to turn things around." Currently, this office works to protect the Merit System Principles and promote an effective Federal workforce free of Prohibited Personnel Practices. | ||
* The [[Court of Appeals for the Federal Circuit]] was established under Article III of the Constitution on October 1, 1982. It is the only court empowered to hear appeals of whistleblower cases decided by the merit board. The Federal Circuit has been criticized by [[Chuck Grassley|Senator Grassley]] (R-Iowa) and others in Congress for misinterpreting whistleblower laws and setting a precedent that is hostile to claimants. Between 1994 and 2010, the court had ruled for whistleblowers in only three of 203 cases decided on their merits, GAP's analysis found.<ref>{{cite news|url=https://www.usatoday.com/news/washington/2010-03-14-whistleblowers_N.htm|title=Whistle-blowers' rights get second look|author=Eisler|first=Peter|date=March 15, 2010|newspaper= | * The [[Court of Appeals for the Federal Circuit]] was established under Article III of the Constitution on October 1, 1982. It is the only court empowered to hear appeals of whistleblower cases decided by the merit board. The Federal Circuit has been criticized by [[Chuck Grassley|Senator Grassley]] (R-Iowa) and others in Congress for misinterpreting whistleblower laws and setting a precedent that is hostile to claimants. Between 1994 and 2010, the court had ruled for whistleblowers in only three of 203 cases decided on their merits, GAP's analysis found.<ref>{{cite news|url=https://www.usatoday.com/news/washington/2010-03-14-whistleblowers_N.htm|title=Whistle-blowers' rights get second look|author=Eisler|first=Peter|date=March 15, 2010|newspaper=USA Today|url-status=live|archive-url=https://web.archive.org/web/20180324065225/https://usatoday30.usatoday.com/news/washington/2010-03-14-whistleblowers_N.htm|archive-date=March 24, 2018}}</ref> | ||
==Legal cases== | ==Legal cases== | ||