Whistleblower Protection: Determining Whether Reprisal Occurred Remains Difficult : Report to Chairman, Subcommittee on the Civil Service, Committee on Post Office and Civil Service, House of Representatives

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Page 1 - HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON THE CIVIL SERVICE, COMMITTEE ON POST OFFICE AND CIVIL SERVICE, Washington, DC. The subcommittee met, pursuant to call, at 10:05 am, in room 311, Cannon House Office Building, Hon.
Page 1 - ... cases is as difficult now as it was before the act was passed. The principal reason remains the lack of sufficient evidence to establish the link between the employee's whistleblowing and the reprisal.
Page 5 - ... to the increases in the volume of complaints filed. About the same percentage of reprisal complaints filed with OSC for periods we studied before and after the 1989 act's passage resulted in corrective action.
Page 4 - The 1989 act allows employees to appeal to MSPB after first going to osc if either (1) osc had terminated its efforts on their cases or (2) osc had failed to complete its efforts within 120 days after the employee filed a complaint with osc.
Page 4 - And last, the definition of whistleblower reprisal was expanded to include employers threatening to take or not take a personnel action against employees. The former Special Counsel suggested this addition as a way of assisting osc in providing additional or expedited assistance to whistleblowers.
Page 2 - MSPB as well as osc's data, Congress subsequently found that the 1978 act was having little impact on encouraging federal employees to blow the whistle and protecting whistleblowers. In 1984...
Page 4 - Senate Governmental Affairs Committee report, showing that an agency official who took a personnel action knew of the disclosure and that the personnel action occurred within a period of time such that a reasonable person could conclude the disclosure was a factor in the action...
Page 4 - In addition, because osc was seeking corrective action in a very small percentage of whistleblower cases, the 1989 act gave employees the right to appeal to MSPB for relief.
Page 5 - July 1992 report we noted that most federal employees said they would be willing to report misconduct. However, the majority of employees said that they had little knowledge about where to report misconduct and their right to protection under the law from whistieblower reprisal.
Page 4 - MSPB has had a measurable impact on whistleblower reprisal cases. About one-third of those employees appealing to MSPB after going through osc for assistance...

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