Whistleblower Protection Lawyer Jason Zuckerman spoke on a panel about the Whistleblower Protection Act at an ABA Federal Sector Labor and Employment Law Committee conference. The panel discussed the impact of the Whistleblower Protection Enhancement Act of 2012 and recent developments in the Office of Special Counsel’s enforcement of prohibited personnel practices.
The primary impact of the Whistleblower Protection Enhancement Act of 2012 was to restore the original intent of the WPA to protect whistleblowers by clarifying that a disclosure does not lose protection because:
- the disclosure was made to a person, including a supervisor, who participated in the wrongdoing disclosed;
- the disclosure revealed information that had previously been disclosed;
- of the employee or applicant’s motive for making the disclosure;
- the disclosure was made while the employee was off duty; or
- of the amount of time which has passed since the occurrence of the events described in the disclosure.
Section 101(b)(2) of the WPEA also clarifies that a disclosure is not excluded from protection because it was made during the employee’s normal course of duties, providing the employee is able to show that the personnel action was taken in reprisal for the disclosure.
For additional about the Whistleblower Protection Act, see our article “Whistleblower Protections Under the Whistleblower Protection Act.”
