KNOW YOUR WHISTLEBLOWER RIGHTS: GUIDANCE FOR FEDERAL EMPLOYEES EXPERIENCING RETALIATION FOR EXERCISING THEIR RIGHTS TO DISSENT
Harmful, Adverse personnel actions are already accumulating for those who have signed letters or petitions Dissenting on recent agency actions (Dissents). More are waiting in the wings. We believe this violates employee’s free speech regulations. Below is guidance for you on your anti-retaliation rights that you can use to defend yourself. It may be helpful in preparing responses to adverse agency personnel actions.
THE CONSTITUTION
Since the 1968 Pickering decision, 391 U.S. 563, the Supreme Court has held the First Amendment protects speech on “matters of public concern.” Your Dissent likely qualifies. Any action taken because of it would violate your First Amendment rights — a prohibited personnel practice under the federal Whistleblower Protection Act (WPA), 5 USC 2302(b)(12).
WHISTLEBLOWER PROTECTION ACT
What is protected? Communicating information that you reasonably believe evidences any violation of laws, rules or regulations, abuse of authority, gross waste, gross mismanagement, or a substantial and specific danger to public health or safety. 5 USC 2302(b)(8). Your Dissent likely falls within those categories.
What is information that you “reasonably believe” evidences misconduct? It has to be information supporting concerns shared by your peers. 5 USC 2302(b). A Dissent’s many signers likely meets that requirement. And the Dissent can be...
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