Federal whistleblowers have a new friend in the Whistleblower Protection Enhancement Act 2012. New safeguards and upgrades buttress existing protections provided under the 1989 whistleblower act. Government watchdogs are relieved and say it is an overdue improvement. Five years ago, an earlier effort got tied up in the Senate. The 2012 bill succeeds where its predecessor failed to pass.
The safeguards contained in the statutes cover most federal workers. They are triggered when a protected disclosure is made by an employee covered under the laws. There are typically four types of proceedings in bureaucratic and judicial forums where this kind of protection is relevant. This can be a Merit Systems Protection Board appeal, which is made after an employer retaliates against the employee. An IRA made to the MSPB. The Office of Special Counsel can take an action against the offending employer. A grievance is filed before a grievance procedural forum. Any negotiated agreement has a negotiated grievance procedure alternative offered for dispute resolution purposes.
Under this statute the range of protected disclosure has been clarified, conditions for nondisclosure agreements have been tightened and consequences for violations have been expanded. An ombudsman will now function in certain agencies. According to watchdog groups it has taken more than 10 years of effort to update the systemic protections as government bureaucracy and its allies blocked change utilizing procedural hurdles.
There are many improvements included in this statute. A notable development is that it brings down the required standard of proof for obtaining protection. Court created loopholes weakening the WPA have been removed. The Office of Special Counsel may now more easily sanction employers who take adverse action against their employees. Provision has been made for compensatory damage awards to successful whistleblowers.
The compensation covered by the 2012 statute is distinct from rewards available to certain private whistleblowers. The SEC already compensates disclosure of wrong doing in the private sector. Other disclosers under the False Claims Act who bring Qui Tam cases may be rewarded in actions against companies who have engaged in fraudulent schemes against the federal government.
The upgraded changes should encourage whistleblowers to come forward. Under the 1989 Act whistleblowers were provided insufficient protections. When they faced retaliation, which was usually the case, the result was to inhibit others from coming forward.
Procedural hurdles with respect to the OSC and the judicial appeal have been lowered. The OSC is empowered to investigate and prosecute allegations of prohibited practices. These include allegations of retaliation. The agency can seek corrective and disciplinary actions when warranted by the evidence.
Now the DC Court of Appeals is no longer the only venue for appealing claims lost or dismissed by the MSPB. The record of the court was most discouraging. The court interpreted the existing coverage in such a way claims were rejected at the rate of 178 out of 180 times. Cases may now be heard by other courts. The OSC also will not have litigation expenses deducted from its budget if a case is lost. Previously this had discouraged the agency from taking on such cases. Revealing internal matters constituting illegal or improper activities will no longer be hindered the way it was. The new whistleblower act should encourage more to come forward when they witness such conduct.
The safeguards contained in the statutes cover most federal workers. They are triggered when a protected disclosure is made by an employee covered under the laws. There are typically four types of proceedings in bureaucratic and judicial forums where this kind of protection is relevant. This can be a Merit Systems Protection Board appeal, which is made after an employer retaliates against the employee. An IRA made to the MSPB. The Office of Special Counsel can take an action against the offending employer. A grievance is filed before a grievance procedural forum. Any negotiated agreement has a negotiated grievance procedure alternative offered for dispute resolution purposes.
Under this statute the range of protected disclosure has been clarified, conditions for nondisclosure agreements have been tightened and consequences for violations have been expanded. An ombudsman will now function in certain agencies. According to watchdog groups it has taken more than 10 years of effort to update the systemic protections as government bureaucracy and its allies blocked change utilizing procedural hurdles.
There are many improvements included in this statute. A notable development is that it brings down the required standard of proof for obtaining protection. Court created loopholes weakening the WPA have been removed. The Office of Special Counsel may now more easily sanction employers who take adverse action against their employees. Provision has been made for compensatory damage awards to successful whistleblowers.
The compensation covered by the 2012 statute is distinct from rewards available to certain private whistleblowers. The SEC already compensates disclosure of wrong doing in the private sector. Other disclosers under the False Claims Act who bring Qui Tam cases may be rewarded in actions against companies who have engaged in fraudulent schemes against the federal government.
The upgraded changes should encourage whistleblowers to come forward. Under the 1989 Act whistleblowers were provided insufficient protections. When they faced retaliation, which was usually the case, the result was to inhibit others from coming forward.
Procedural hurdles with respect to the OSC and the judicial appeal have been lowered. The OSC is empowered to investigate and prosecute allegations of prohibited practices. These include allegations of retaliation. The agency can seek corrective and disciplinary actions when warranted by the evidence.
Now the DC Court of Appeals is no longer the only venue for appealing claims lost or dismissed by the MSPB. The record of the court was most discouraging. The court interpreted the existing coverage in such a way claims were rejected at the rate of 178 out of 180 times. Cases may now be heard by other courts. The OSC also will not have litigation expenses deducted from its budget if a case is lost. Previously this had discouraged the agency from taking on such cases. Revealing internal matters constituting illegal or improper activities will no longer be hindered the way it was. The new whistleblower act should encourage more to come forward when they witness such conduct.
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