MSPB Urged to Retroactively Apply WEPA

Today the National Whistleblower Center filed an Amicus Curiae brief with the Merit Systems Protection Board (MSPB), in the case of Day v. Department of Homeland Security. At issue is whether the new definition of a protected disclosure set forth in the Whistleblower Protection Enhancement Act will apply to cases pending and/or which arose before that law was passed. The MSPB requested stakeholders to file briefs on the issue.

In its brief, the NWC strongly urged the MSPB to retroactively apply the WPEA’s definition of protected disclosure to all pending cases. The MSPB’s decision will impact the fate of federal employees and whistleblowers that filed claims or suffered retaliation before the WEPA was signed into law on November 27, 2012.

Stephen M. Kohn, Executive Director of the NWC, said “It would be tragic if the reforms the whistleblower community fought for were denied to the very people for whom the law was designed to protect. If the Board decides not to retroactively apply the WEPA, whistleblowers will once again get the short end of the stick. The Board will also send a strong message that its hostility toward whistleblowing is unending. We hope Congress’s action in unanimously passing the WEPA will result in real change.”

The NWC’s brief can be viewed here.

The Office of Special Counsel, which strongly supports retroactively applying the new definition of a protected disclosure, previously filed a brief in this case. OSC’s brief can be viewed here.  


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