(Washington, D.C.) – The Government Accountability Project (GAP) is praising a report, aimed at educating federal whistleblowers, that was released by the U.S. Merit Systems Protection Board (MSPB) earlier this week. The new report serves as an invaluable primer on the law both for whistleblowers and their lawyers, and GAP recognizes it as an essential resource for all civil service employees who are contemplating blowing the whistle.

The MSPB is the government agency that handles federal employee appeals and lawsuits challenging alleged prohibited personnel practices, including whistleblower retaliation. Released by the MSPB Office of Policy Evaluation, Whistleblower Protections for Federal Employees is available on the agency’s website at http://www.mspb.gov/

“This report should be a best seller for federal whistleblowers, except that it’s free,” commented GAP Legal Director Tom Devine, adding, “Don’t act on your rights without it.” The report contains:

A condensed history of whistleblower rights in the civil service, and the Whistleblower Protection Act’s (WPA) evolution

A glossary of legal terms that define the WPA’s boundaries with associated citations, including each protected speech category in the law.

Warnings about limitations on whistleblower rights that come from the Board’s own prior case law, and from the Federal Circuit Court of Appeals. These warnings include identifying agency regulations that can trump statutory protections, and an ongoing loophole against “trivial” illegality despite a partially favorable recent court interpretation.

Practice tips for whistleblowers to secure their rights, and for attorneys to win cases. Examples include lists of relevant circumstantial evidence factors; how to bypass the job duties loophole; and the use of retaliation for “perceived” whistleblowing as a way around other loopholes.

While the report is a valuable resource, its guidance is illustrative rather than comprehensive. The report covers only a representative sample of loopholes, skips the ‘irrefragable proof’ doctrine that still controls disclosures of gross mismanagement, and skips the Board’s authority to act against retaliatory investigations as “threatened” personnel actions.

“This report is a must-read for whistleblowers before they make disclosures, and for their legal team if and when it is necessary to enforce rights through a lawsuit,” said Devine. “The MSPB has produced a unique, refreshingly honest critique by an agency of its own track record.”

Devine concluded, “If the need for a comprehensive overhaul of the Whistleblower Protection Act is still in any doubt, this report changes the question mark to an exclamation point.” Congress is currently in the final stage of restoring and modernizing the 1989 law through the Whistleblower Protection Enhancement Act. (S. 372).

Government Accountability Project

The Government Accountability Project is the nation’s leading whistleblower protection organization. Through litigating whistleblower cases, publicizing concerns and developing legal reforms, GAP’s mission is to protect the public interest by promoting government and corporate accountability. Founded in 1977, GAP is a non-profit, non-partisan advocacy organization based in Washington, D.C.

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Contact: Tom Devine, GAP Legal Director
Phone: 202.457.0034, ext. 124
Email: [email protected]

Contact: Dylan Blaylock, Communications Director
Phone: 202.457.0034, ext. 137, cell 202.236.3733
Email: [email protected]