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Senators Laud Labor Department’s ‘Burden of Proof’ Interpretation for Whistleblowers

Mary Jane WilmothbyMary Jane Wilmoth
April 17, 2015
in News, OSHA
Reading Time: 2 mins read
Senators Laud Labor Department’s ‘Burden of Proof’ Interpretation for Whistleblowers
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A bipartisan group of senators commended the Department of Labor, Administrative Review Board’s (ARB) interpretation of federal whistleblower protections provisions, clarifying the statutory burdens of proof in whistleblower cases. In two recent decisions, Fordham v. Fannie Mae, ARB No. 12-061 (Oct. 9, 2014) and Powers v. Union Pacific Railroad, ARB No. 13-034 (Mar. 20, 2105), the ARB found that employees should be allowed to have a fair chance to make their case before having to rebut an employer’s rationale for taking action against the employee.

In a letter to the Labor Secretary Thomas Perez, the senators wrote that the ARB’s interpretation of the requisite standards of proof for both the employee and the employer in both decisions are consistent with the intent of Congress.

Stephen M. Kohn, Executive Director of the National Whistleblower Center and partner at Kohn, Kohn & Colapinto, LLP, argued the burden of proof issue on behalf of the whistleblower in the Powers case. At the time of the ruling Mr. Kohn stated, “Congress recognized the incredible benefits obtained by society by encouraging employees to blow the whistle on fraud. They also understood that the law was stacked against the whistleblower that usually faced high-powered corporate lawyers, with unlimited budgets. The ruling helps to even the playing field and give whistleblowers a fair shot at winning their cases.”

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“A thorough and careful reading of the relevant legislative history amply demonstrates that Congress intended this bifurcated analysis in whistleblower cases to address patterns of retaliation in various industries and agencies and ultimately to ‘facilitate relief’ for whistleblowers,” the senators wrote.

Cosigners of the letter include senators Chuck Grassley of Iowa, Ron Wyden of Oregon, Thom Tillis of North Carolina, Mark Kirk of Illinois, Tammy Baldwin of Wisconsin and Claire McCaskill of Missouri.

A signed copy of the letter is available here.

Tags: Administrative Review BoardSenate Whistleblower Protection CaucusStephen M. Kohn
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Mary Jane Wilmoth

Mary Jane Wilmoth

Mary Jane Wilmoth is the publisher of Whistleblower Network News, where she heads the editorial staff. She writes about breaking whistleblower news, and False Claims Act whistleblowers, SEC whistleblowers, IRS whistleblowers, FCPA whistleblowers, and CFTC whistleblowers. Mary Jane is the managing partner at the whistleblower law firm Kohn, Kohn & Colapinto, and a frequent contributor to The Whistleblower and Qui Tam Blog. She is a licensed attorney in the District of Columbia and a graduate of the University of New Hampshire School of Law (formerly Franklin Pierce Law Center).

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