Whistleblowers’ options for legal appeals just got wider

A bill signed into law July 9, 2018, enables federal employees to file appeals on Merit Systems Protection Board decisions to any federal appeals court of competent jurisdiction.

The All Circuit Review Act enables federal employees, applicants for federal employment and the Office of Personnel Management to file appeals on cases alleging reprisal for whistleblowing or other protected activities outside of the Federal Circuit Court of Appeals.

The change is based on a six-year pilot program that also allowed federal whistleblowers to file appeals across a wider array of federal courts.

RELATED

New legislation protects whistleblowers

The Senate passed a new bipartisan legislation Tuesday night that will help improve the government.

By Rachael Kalinyak

According to a June 25 news release by the Make it Safe Coalition, which is dedicated to strengthening protections for whistleblowers, the Federal Circuit Court of Appeals has a largely negative track record toward whistleblower claims, ruling against the whistleblower in 240 out of 243 decisions prior to the pilot program.

“This is a significant step to improving the chances of whistleblowers to prevail on their claims in court and is cause for celebration. However, it is imperative that Congress continue to act to give whistleblowers access to jury trials and to strengthen whistleblower protections for those in the intelligence community and the military,” said Liz Hempowicz, director of public policy at the Project On Government Oversight, in the news release.

RELATED

House passes Whistleblower Protection Act clarification bill

The bill shields whistleblowers who contribute to oversight and reform work.

By Tony Ware

Tom Devine, legal director of the Government Accountability Project, said that federal whistleblowers still need jury trials like those afforded to their corporate counterparts to truly ensure employee protections and reduce the backlog of federal cases.

The All Circuit Review Act applies retroactively to November 26, 2017.

More In Congress

Collins joins push to send federal workers back to in-person

Sen. Susan Collins, R-Maine, joined 43 Republican senators in calling for federal agencies to immediately transition to in-person work.

Federal labor nominees pass Senate committee

President Joe Biden's three nominees to the Federal Labor Relations Authority passed Senate committee vote by a slim margin.

Congress passes bill to protect feds serving abroad

The law solidifies U.S jurisdiction over instances where a federal employee is hurt or killed while working abroad.

Man surrenders after claiming to have bomb near Capitol

A man sitting in a pickup truck outside the Library of Congress told police on Thursday that he had a bomb, prompting a massive law enforcement response.

Senate approves bill to make Juneteenth a federal holiday

The Senate passed a bill Tuesday that would make Juneteenth, or June 19th, a federal holiday commemorating the end of slavery in the United States.

In Other News

Judge blocks Biden vaccine mandate for federal contractors

The judge found that the states opposing the mandate are likely to succeed in their claim that the president exceeded authorization from Congress when he issued the requirement in September.

Nearly twice the number of feds receive presidential leadership award

The Presidential Rank Awards were conducted entirely virtually for the first time in 2021.

Feds contribute over $2 million on Giving Tuesday

The Combined Federal Campaign celebrates its 60th anniversary this year and over $8.5 billion raised for charitable organizations.

Senate passes stopgap funding bill, avoiding shutdown

The measure now goes to President Joe Biden to be signed into law.

OPM anticipates hiring surge under new infrastructure bill

Federal agencies will have new responsibilities under the recently passed infrastructure bill that will require an increase in workers to perform those jobs.

Load More