Federal Retaliation & Whistleblower

Retaliation

Federal law prohibits federal agency employers from retaliating against an applicant, employee, or former employee because the individual engaged in protected activity under the law.

Murray Law welcomes the opportunity to provide experienced counsel and representation to persons subjected to retaliation in federal employment.

This practice represents federal employees asserting retaliation claims before their agency employer, the Equal Employment Opportunity Commission, in federal lawsuits and mediation proceedings.

Steven Murray has successfully represented individuals asserting retaliation claims in lawsuits, including obtaining jury verdicts and favorable resolutions on behalf of clients in cases before the United States District Court for the District of Colorado.

Retaliation Claim

A federal agency employer is prohibited from discriminating against an individual by retaliatory action because the individual has:

• Opposed discrimination under federal law, or
• Participated in an employment discrimination proceeding by filing a charge of discrimination, assisting, testifying, or participating in any investigation, litigation, or proceeding under the law in issue; or
• Requested or received a reasonable accommodation for a disability or religion or religious practices.

A federal agency employer cannot take a materially adverse action against the individual who engaged in protected activity.

Whistleblower

Federal employees and employees of federal contractors and subcontractors are protected from retaliation for engaging in protected whistleblower activity – the disclosure of wrongdoing affecting the public trust.

Many laws protect federal employees and federal contractor employees who engage in whistleblowing activity.

For example, the Whistleblower Protection Act of 1989 and the Whistleblower Protection Enhancement Act of 2012 protect federal employees.

Federal employees are protected from retaliation for disclosing:

• A violation of a rule, rule, or regulation.
• A gross waster of funds.
• An abuse of authority.
• A substantial and specific danger to public health or safety.

The law prohibits federal employers from taking, failing to take, or threatening to take personnel actions against an employee because of whistleblowing activity.

Prohibited personnel actions include but are not limited to disciplinary or corrective actions, changes in pay, benefits, working conditions, or duties, or threats.

Federal whistleblowing claims are factually specific and complex.

Any federal employee or federal contractor employee confronting retaliatory action should consult an attorney to learn the scope of their claim, the timeliness requirements for filing the claim the scope of their potential remedies.

Conclusion

Murray Law welcomes the opportunity to counsel and represent federal employees facing retaliation in their workplace. Please call Steven Murray at 720-600-6642.