Employees of the federal government have both the knowledge and the access to identify and expose consequential wrongdoing perpetrated at the federal level. Though federal government whistleblowers can hold the government accountable in a way few others can, their status as federal workers, particularly within the executive branch, also makes them acutely vulnerable to mistreatment and reprisal. As legal avenues for federal sector whistleblowing become increasingly weakened by the actions of the Trump administration, federal sector whistleblowers need creative options to safely disclose issues important to the public and to seek.
What Whistleblower Protections Are Available to Federal Sector Employees?
Effectively pursuing legal protection as a federal worker demands care and skill in the best of times. Several federal laws exist to protect federal sector employees, but the mechanisms required to use these laws can be complex and time consuming, and employees must follow the administrative processes to take advantage of those protections. For example, the Whistleblower Protection Act (“WPA”), as amended by the Whistleblower Protection Enhancement Act in 2012, protects federal workers’ right to report information about conduct that they reasonably believe to be wrongful, allowing them to blow the whistle without fear of reprisal. The Act forbids federal employers from retaliating against employees or applicants “because of any disclosure [they] reasonably believe[] evidences (i) any violation of any law, rule, or regulation, or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety [. . .]” 5 U.S.C. § 2302(b)(8).
A whistleblower makes a protected disclosure when they report such information to a supervisor, a person who participated in the activity that was the subject of the disclosure, the Special Counsel, an Inspector General or other office designated to receive such disclosures, or Congress. The WPA prohibits federal employers from retaliating against an employee because of a protected disclosure.
However, the current Administration has effectively incapacitated the agencies Congress established to enforce and administer the laws that protect the federal employees who rely on them for workplace protections. Instead, federal workers with whistleblower and employment claims against the Administration will likely need to seek justice by doing more than just following the administrative procedures under the Civil Service Reform Act (“CSRA”) and by thinking creatively about litigation and media strategies.
Why Work with Katz Banks Kumin to Speak Out?
Katz Banks Kumin attorneys have repeatedly gained national recognition for our successes in challenging powerful wrongdoers, from multinational corporations to the highest levels of government, including appointed officials. We appreciate the challenges facing federal sector workers, particularly those in politically sensitive groups, as the institutions built to protect them are dismantled. We are committed to answering the current moment with innovative legal advocacy.