Rule 14: Federal Employees — Defend Your Jobs!
Whistleblower Protections for Federal Employees
There are over 50 U.S. whistleblower laws. This Rule outlines most of those laws, and Rules 5 through 14 provide further detail. Both the Federal Whistleblower Laws & Regulations and the False Claims Acts: Federal, State and Municipal qui tam Laws were updated in 2018.
“In the vast federal bureaucracy it is not difficult to conceal wrongdoing provided that no one summons the courage to disclose the truth.”
- Whistleblower Protection Act, 5 U.S.C. § 2302(a)(2)(D), (b)(8) and (9), and (f)
- Prohibited Personnel Practices in the Intelligence Community, 50 U.S.C. § 3234
- The Dr. Chris Kirkpatrick Whistleblower Protection Act, P.L. 115-73 – This law makes the unlawful access of an employee’s medical records an adverse action; creates procedures to discipline managers who retaliate, and provides for training and the dissemination of information about whistleblower rights.
- Whistleblower Protections for Federal Employees
- Whistleblower Protections for Members of the Intelligence Community
- Title VII of Public Law 105-272
- 5 USC. App. 8H
- First Amendment of the US Constitution
- FBI Whistleblower Protection Act
- Day v. Department of Homeland Security, 2013 MSPB 49 (June 26, 2013)
- Eglin v. Department of Treasury et al.No. 11-45 (June 11, 2012)
- Bush v. Lucas, 462 U.S. 367 (1983)
- Webster v. Doe, 486 U.S. 592 (1988)
- United States v. Treasury Employees, 513 U. S. 454 (1995) (applying Pickering to federal employees)
- Department of Homeland Security v. MacLean, 135 S.Ct. 913 (2015) (permitted disclosures to the press)
- Sanjour v. Environmental Protection Agency, 56 F.3d 85 (1995) (en banc) (viewpoint based restrictions on employee speech made on their own time is unconstitutional)
- Marano v. DOJ, 2 F.3d 1137, 1140 (Fed. Cir. 1993) and Whitmore v. Department of Labor, 680 F.3d 1353 (Fed. Cir. 2012) (Standard of Proof)
- Chambers v. Department of Interior, 602 F.3d 1370 (Fed. Cir. 2010) (application of “Carr” factors to mitigate level of punishment in whistleblower cases)
- U.S. v. Fausto, No. 86-595 (Jan. 25, 1988)
- GAO-19-432, Whistleblowers- Key Practices for Congress to Consider When Receiving and Referring Information
- Highlight of GAO-19-432
- National Defense Authorization Act for Fiscal Year 2018 – Office of Special Counsel Reauthorization, H.R. 115-404
- Consolidated Appropriations Act 2017, H.R. 244, P.L. 115-31 (Sections 743 and 744 prohibit non-disclosure agreements covering employees working under federal contracts and federal employees)
- MSPB Rules Creation of Hostile Work Environment Violates WPA
- Court Ruling Major Setback For National Security Employees
- Federal Employee Whistleblowers Win Rare Victory
- Happy Birthday! Lloyd-La Follette Act
- U.S. Special Counsel Warns Agencies Not to Spy on Whistleblowers
- Presidential Policy Directive on Whistleblowers Draws Criticism
The Whistleblower Protection Act covering federal employees does not authorize federal court proceedings. Numerous attempts have been made to permit federal court access, including:
- House of Representatives supporting jury trials by a non-partisan vote of 331-94 on March 14, 2008: HR 985
- In 2009 the House held hearings on federal employee protections, and the testimony presented strongly supported jury trials: HR 1507, The Whistleblower Protection Enhancement Act of 2009
- As part of that hearing, 292 public interest groups endorsed jury trials as a key reform. The letter filed by these groups is on pages 202-27. In addition, the testimony by witnesses supporting jury trials is on pages 99, 181, 195, 244 and 269.
- In 2012 the Senate Committee with responsibility over federal employees also endorsed jury trials for federal employees in Senate Report 112-155.
