David Colapinto, whistleblower attorney at Kohn, Kohn & Colapinto (KKC), recently spoke to Federal News Network about whistleblowing rights in the federal community.
Colapinto explained how whistleblowers in the public sector are not afforded the same rights as those in the private sector, and how the lack of court access hurts federal employees’ chances of having their case heard.
Tom Temin: And what is that major protection needed?
David Colapinto: Allowing court access to go and seek a jury trial and get a court to determine whether or not you’ve been wrongfully dismissed or suffered retaliation in a major way and have your case heard by a jury like federal employees can already do if they allege discrimination on basis of gender or race religion, etc.
A result of this lack of court access is the backlog of more than 2500 cases in the Merit System Protection Board (MSPB).
Colapinto: Currently, there are no members of the Merit System Protection Board. So that’s created a backlog of more than 2500 cases. A large chunk of that 2500 case backlog are whistleblower cases, which really is a breach of faith with federal employees for Congress to tell us in 2012 when they passed the other law that the administrative remedies will work. That’s enough. That’s sufficient for you. And now there is no way that this system is working.