The U.S. Office of Special Counsel (OSC) today highlights recent cases in which OSC succeeded in facilitating positive resolutions of prohibited personnel practice matters involving federal employees, including whistleblower retaliation complaints.
“Whistleblowers are crucial to exposing problems and wrongdoing across the federal government. But for whistleblowers to come forward, they must believe they will be protected from retaliation, which is at the heart of OSC's mission" said Special Counsel Hampton Dellinger. “I am very pleased with the resolution of these complaints and want to thank all the OSC attorneys involved, including Erica Calys and Szuwei Co, for their efforts obtaining these outcomes."
Rescinded Proposed Demotion and Damages:
A Department of Veterans Affairs (VA) employee alleged that his proposed demotion was retaliation for reporting a significant number of unanswered patient telephone calls to a VA medical facility's mental health crisis line. At OSC's request, the agency agreed to a stay of the proposed demotion to allow for investigation of the retaliation claims. After OSC's investigation, the parties entered into a settlement agreement that included a recission of the proposed demotion, 97 hours of restored sick leave, and $10,000 in compensatory damages.
Back Pay and Damages:
A VA employee alleged that he was removed during his probationary period for engaging in a protected grievance process. OSC investigated the employee's claim and concluded that the VA committed a prohibited personnel practice. After OSC sent its findings to the Secretary of the VA in a formal report, the parties entered a settlement agreement that provided complainant with a clean record and $175,000 for back pay and damages.
Adjusted Performance Evaluation and Damages:
An employee at the Department of the Air Force made protected disclosures regarding lab safety issues, participated in an OIG investigation, and filed an EEO complaint. In retaliation, the employee was reassigned, subjected to a hostile work environment, and received a lowered performance evaluation. During OSC's investigation, the agency settled the matter and agreed to pay the employee $47,000, raise the employee's performance evaluation, and expunge management files of derogatory information.
Systemic Corrective Action and Retroactive Promotion:
An employee alleged that the agency did not provide her with a career ladder promotion for which she was eligible in retaliation for taking Family Medical Leave Act (FMLA) leave. OSC investigated and concluded that the agency had violated the FMLA. The agency agreed to provide the employee with a retroactive promotion and backpay, conduct FMLA training, and change its career ladder promotion guidance to clarify that taking FMLA leave may not be used as a negative factor.
OSC applauds the parties for their willingness to resolve these matters.
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