USA Today published an article on Monday detailing the numerous reasons that strong federal whistleblower legislation needs to be passed. GAP has been fighting to pass this legislation for a decade. The article, relying on GAP analysis, details current issues with three federal bodies with huge influence over whistleblower treatment – the Office of Special Counsel, the Merit System Protection Board, and the Federal Circuit Court of Appeals.
The article also cites GAP client Robert MacLean as a prime example of the federal whistleblower experience. Lawmakers praised his actions when he came forward to report serious problems with the Federal Air Marshall program. However, MacLean was fired three years later, when the Transportation Security Administration retroactively labeled the information he reported with a “hybrid-secrecy” label – “sensitive security information.” MacLean fought back against the injustice, but four years later his claim is still stuck in a review process that often fails to protect whistleblowers. Senator Chuck Grassley (R-Iowa) explains:
"Even if they're 100% right, they still kind of ruin themselves professionally." Because whistle-blowers are vital in exposing government misconduct, "there are a lot of whistle-blower protection laws out there, but the spirit of the law isn't always carried out."
However, key lawmakers and supporters believe that bills to strengthen protections for whistleblowers like Robert MacLean have a better chance passing now than in previous years. Bills currently in the House of Representatives and Senate would lift gag rules imposed by some national security agencies and strengthen rules against retaliation. The bills would provide the right for some whistleblowers to jury trials on retaliation claims.
In addition, President Obama has pushed to appoint more whistleblower-friendly officials, including on the Merit Systems Protections Board, where he recently appointed a new chairperson and vice chairperson with backgrounds as federal worker advocates.
"We've gone from pitch black night to sunrise, (but) the sun hasn't come up yet," says Tom Devine, legal director at the Government Accountability Project (GAP), a 30-year-old whistle-blower advocacy group. "There's got to be follow-through."
GAP needs your help to get these vital protections passed by Congress. Please click here to send a letter to your Senators asking for better whistleblower protections! To learn more about GAP's work on legislation protections for whistleblowers, please click here.
