Federal Employee Whistleblowers Win Rare Victory

[struggle4progress]

1. MSPB Backs WPEA Expansion: First Ruling Applies Anti-Retaliation Rights to Pending Cases

by Dylan Blaylock on June 27, 2013 ( The Whistleblogger / 2013 )

Yesterday, the U.S. Merit Systems Protection Board (MSPB) backed an expansive application of last year’s Whistleblower Protection Enhancement Act (WPEA) in the law’s first significant test case. In Day v. Department of Homeland Security, a 2-1 Board decision applied WPEA anti-retaliation rights to pending cases. Board Member Mark Robbins dissented.The majority opinion – by Susan Grundmann and Anne Wagner – explained that the WPEA clarifies rights that Congress previously had enacted repeatedly. Therefore the application of the law toward pending cases neither changes expectations nor creates an unfair burden on agencies challenging whistleblower allegations. More specifically, the decision determines that the law’s protection applies to employees who make disclosures to their supervisors as part of their job duties ...

http://www.whistleblower.org/blog/44-2013/2811-mspb-backs-wpea-expansion-first-ruling-applies-anti-retaliation-rights-to-pending-cases