Blog
Federal Circuit rules for Whistleblower
Posted by: Melville Johnson, P.C.
April 16, 2008
Topic: Whistleblower
The Attorneys at Melville Johnson, P.C. can provide this type of legal representation for you:
The United Stats Court of Appeals for the Federal Circuit recently handed a victory to a government whistleblower in Chambers v. Department of the Interior. Ms. Teresa Chambers, the Chief of the U.S. Park Police at the time, told a Washington Post reporter that a 2003 decision not to increase the Park Police budget was increasing the risks to public health and safety, since it would likely result in inadequate police protection on park land within the Washington, D.C. metropolitan area and around the national icons such as the Washington Monument. After making this disclosure, Ms. Chambers was fired.
The Merit System Protection Board upheld her termination on grounds that her statements were a "classic policy disagreement." In making its ruling, the board determined that the Whistleblower Protection Act only protected the whistleblower if the subject of the disclosure was not "debatable among reasonable people."
The Federal Circuit, in reversing the Merit System Protection Board, determined that the board had applied an incorrect standard relating to the disclosure of a risk to the public safety, by blending the concepts of gross mismanagement and a risk to public safety.
The Federal Circuit stated that while Ms. Chambers expressed disagreement with a policy decision, the choice not to increase the budget, she also disclosed her reasonable belief of danger to public safety that may have resulted from that decision.
This article is largely based on a Legal Times article written by Debra S. Katz and Nicole J. Williams on April 7, 2008.
Topics
Employment Discrimination
Erisa Retirement Benefits
Federal Civil and Criminal Appeals
Pension Rights
The International Employment Effects of SOX
Trust, Will, and Probate Litigation
Whistleblower
Recent Updates
July 02, 2008
Employee Able to Prove Age Discrimination, Despite Being Placed on a Performance Plan.
June 30, 2008
US Supreme Court Upholds Retaliation Claims Stemming from Racial or Age Discrimination Complaints.
June 25, 2008
Supreme Court to Decide Burden of Proof for Age Discrimination Claims.
June 23, 2008
Employee Who Lacks the Symptoms of Disabling Condition Is Not Recovered from Condition.
June 20, 2008
Female Coach Permitted To Pursue Discrimination Suit
