OSC's Amicus Working Group (AWG) seeks to make effective use of
amicus curiae (friend of the court) briefs before the Merit Systems Protection Board and in federal courts. An
amicus curiae brief is a legal argument provided to a court by a person or group who is not a party to the case, but who could be affected by the legal questions it raises.
Since its inception, the AWG has strategically filed amicus curiae briefs where OSC's unique perspective may help to develop or clarify the law, particularly in appeals involving claims of retaliation for whistleblowing or engaging in other protected activities, as defined under 5 U.S.C. § 2302(b)(8) and (b)(9). Legal issues of interest to the AWG include, but are not limited to:
- Scope of whistleblower protections for cooperation with OSC, OIG, or an agency component responsible for internal investigation or review;
- Circumstances under which disclosures of wrongdoing by nongovernmental entities may be protected;
- Standard of proof required where protected disclosures are made in the “normal course" of an employee's duties; and
- Remedies available to former federal employees for certain post-termination actions.
If you would like OSC to consider submitting an amicus curiae brief in your pending appeal, send an email to amicus@osc.gov. Please include:
- The case name and docket number, if they have been assigned;
- What, if any, action the court has taken in the matter to date;
- Whether any court proceedings are scheduled and, if so, what they are about and when they will be held; and
- Why you are seeking OSC's assistance, including a description of any novel or important legal issue in the proceeding.
Please note that the AWG cannot represent an employee in their appeal or provide legal advice. We do, however, make previous amicus curiae briefs public to further share OSC's position on a range of important legal issues.