Creation of the Whistleblower Protection Act

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Creation of the Whistleblower Protection Act


The Whistleblower Protection Act of 1989 (USC Title 5, Section 2302) was created to further enforce whistleblower protections first promulgated in the Civil Service Reform Act of 1978. Congress passed the Whistleblower Protection Act because it perceived CSRA enforcement as too lax.




Elements of Whistleblowing

To qualify for whistleblower protection under the Act, the whistleblower must show four elements:

a valid protected disclosure; that the official taking reprisals had knowledge of the disclosure; that a reprisal took place; and a nexus (demonstrable connection) between the protected disclosure and the reprisal.

Should these elements be proven, management must prove (under a clear and convincing evidence standard) that they would have taken the action in spite of the employees' disclosure.


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References


Whistleblower Protection Act of 1989
C
ongressional Research Service: The Whistleblower Protection Act, An Overview
U.S. Department of the Interior: Whistleblower Protection

Garcetti v. Ceballos


Resources
U.S. Deptartment of Labor: Whistleblower Protections
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Read more: Creation of the Whistleblower Protection Act | eHow.com http://www.ehow.com/about_6453728_creation-whistleblower-protection-act.html#ixzz0taaGzIiF