Claris Law Legal Blogging Community

Editor: Mike Bothwell
Profession: Qui Tam Attorney

Category: Legislative Updates

On December 18, 2007 the Senate unanimously passed its version of a law that will enhance whistleblower protections for federal employees. The Federal Employee Protection of Disclosures Act (S.274) enhances the protection of federal employee whistleblowers who report wrongdoing within their chain of command. The law will now go to conference to be reconciled with the House version (H.B.985) which passed in March 2007.
The law should be a start toward overturning the Supreme Court decision of Garcetti v. Ceballos which held that when a whistleblower has an employment duty to report wrongdoing, the First Amendment does not protect the employee against retaliation by their employer. Under the new law, federal employees reporting such wrongdoing within their chain of command are protected in so doing.
Unfortunately, Garcetti v. Ceballos will still apply to state employees.