Empowering Employees to Protect Food Safety Part I: Protections for Federal Government Employees Under the Whistleblower Protection Enhancement Act

Federal employees have played a critical role in protecting the public from the corporate and government misconduct that compromises food safety.  The Whistleblower Protection Enhancement Act, passed in 2012, strengthened the free speech rights of federal employees, closing a number of loopholes and overturning numerous bad precedents that eroded the rights of federal employee whistleblowers under the 1989 Whistleblower Protection Act.

In this program, attorney Sarah Nash offers nuts-and-bolts training for employment lawyers on how to identify and litigate claims under the Whistleblower Protection Enhancement Act, which protects federal employees who report waste, fraud, abuse, and illegality.  The provision prohibits, among other things, retaliation against covered workers who disclose violations of laws, abuses of authority, and threats to public health and safety.  Attendees will learn how to litigate cases under this provision from the point of filing the initial complaint through to successful resolution. 

Learning Objectives:

I.     Identify the types of employees protected by this whistleblower protection provision 

II.    Understand the categories of protected speech and activities protected by this provision 

III.   Recognize the applicable burdens of proof and remedies available under this provision 

IV.  Comprehend where, when, and how to file a complaint, and the various procedural steps that occur prior to issuance of a final decision 

V.   Grasp how to appeal erroneous decisions and how to seek review when the U.S. Office of Special Counsel fails to meet applicable deadlines