The U.S. Office of Special Counsel (OSC) applauds the U.S. Congress for passing and President Trump for
signing the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 (S. 585) into law. The measure fills gaps in current protections, enhances accountability for whistleblower retaliation, and increases awareness of whistleblower protections.
A key provision of the new law responds to the Senate Committee on Homeland Security and Governmental Affairs investigation of the circumstances of the death of Dr. Chris Kirkpatrick. Kirkpatrick was a clinical psychologist at the Tomah Veterans Affairs (VA) Medical Center. After blowing the whistle on unsafe practices at Tomah, Kirkpatrick was disciplined and later fired. Soon after, he committed suicide. The new law requires agencies to notify OSC if an employee commits suicide after making a protected disclosure and subsequently suffering a personnel action.
Also in response to congressional oversight of the VA, the measure makes it unlawful to access a federal employee’s medical records for certain unauthorized purposes.
Another significant provision of the Kirkpatrick Act enhances disciplinary penalties for supervisors who engage in whistleblower retaliation. “Increasing accountability for whistleblower retaliation is critical to deterring others from similar unacceptable behavior,” said Tristan Leavitt, Acting Special Counsel of OSC.
The act provides employees who obtain a stay of a personnel action from the Merit Systems Protection Board the opportunity to receive priority in a transfer request. OSC seeks stays where it has reasonable cause to believe whistleblower retaliation or another prohibited personnel practice has occurred, to provide OSC time to investigate while minimizing harm to the employee.
The act also enhances agencies’ obligations to provide information to employees on whistleblower protections. New supervisors will also now be required to receive training on responding to whistleblower retaliation complaints, increasing awareness of whistleblower protections.
“OSC thanks all those who work to protect government whistleblowers by advancing and helping implement protections like these,” Leavitt said.
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