×
Tuesday, April 7, 2026

Appeals Board Rules That Feds Disclosing Discrimination Will Get No Whistleblower Protections - GovExec.com

Federal employees making allegations of discrimination by their agency, whether against themselves or others, are not entitled to whistleblower protections and cannot seek remedies through the same paths as others who shed a light on wrongdoing, an appeals board has ruled.

The Merit Systems Protection Board, recently reconstituted after more than five years without a quorum on its central panel, overruled some of its own precedent in the decision, with its new members arguing its predecessors had erred in broadening the agency’s purview to include cases involving discrimination. The board is still working its way through an unprecedented backlog and prioritizing cases of significance.

John Edwards, a deputy director at the Labor Department, "disclosed and protested" to his supervisors that Black employees were being unfairly passed over for certain vacancies because of their race and filed complaints with the agency's Equal Employment Opportunity office. A few months later, Edwards was reassigned to a non-supervisory position at the same grade and the agency posted his former position.

Edwards filed a complaint with the Office of Special Counsel, alleging reprisal for speaking out on the alleged discrimination, and then appealed to the MSPB. An administrative judge said Edwards did not have grounds before the independent agency, which he then appealed to the central board. The board agreed with the judge, overturning some of its own precedent in deciding that Edwards'...



Read Full Story: https://www.govexec.com/workforce/2022/05/appeals-board-rules-feds-disclosing...