Whistleblower Protection Blog : Whistleblower Lawyer & Attorney : National Whistleblower Legal Defense and Education Fund : Whistleblower Protection, Fraud Claims : Washington DC

Yesterday, the U.S. Supreme Court agreed to review a decision against the Graham County (North Carolina) Soil & Water Conservation District for the second time. In its first trip, the District persuaded the Supreme Court that whistleblower Karen Wilson had to follow North Carolina's three-year statute of limitations for her retaliation claims, and could not rely on the six-year time limit in the federal False Claims Act (FCA).  Graham County Soil & Water Conservation Dist. v. United States ex rel. Wilson, 545 U.S. 409 (2005). Now, the District is trying to evade liability altogether by asking the Supreme Court to say that state and local administrative proceedings bar whistleblowers from bringing fraud actions on behalf of the federal government.

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This morning, the Supreme Court issued a long awaited decision in Gross v. FBL Financial Services Inc. 557 U.S. ____ (2009). The 5-4 decision refuses to extend the "contributing factor" test to age discrimination claims.  The majority opinion, by Justice Thomas, sends a strong message to Congress about its duty to be specific in revising laws. This is a message that bears on Congress' current deliberations on whistleblower laws.

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On Monday, the Supreme Court granted cert in the case of Stolt-Nielsen S.A. v. Animalfeeds International Corp. The court will determine whether class arbitration is consistent with the Federal Arbitration Act (FAA) when the arbitration agreement is silent on the issue. This case highlights the current legislative drive for the Arbitration Fairness Act, a proposal that would protect consumers and employees from binding mandatory pre-dispute arbitration agreements. The issue is particularly important to whistleblowers who often have no idea about the illegality they will confront at the time the employer requires them to sign such an agreement.

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Once again, the hearing record clearly and overwhelming proves that whistleblower reform is long overdue. There were no credible arguments presented that court access and jury trial should not be provided to all federal employees, including national security employees.
 
 

Pictured here are Angela Canterbury of Public Citizen, Prof. Robert Vaughn, William Bransford of the Senior Executive Association, Sen. Daniel Akaka (D-HI), Danielle Brian of the Project on Government Oversight (POGO) and Tom Devine of the Government Accountability Project (GAP). White House Ethics Counsel Norm Eisen is between Mr. Bransford and Sen. Akaka.

Senator Akaka (D-HI) opened the hearing by stating that “federal employee whistleblower play a crucial role in alerting Congress and the public to government wrongdoing and mismanagement, protecting our civil rights and civil liberties, helping to keep us safe, and rooting out waste, fraud, and abuse.”   Senator Akaka explained that the purpose of the hearing was to determine how to best protect national security whistleblowers and whether or not federal employees should be provided with jury trials.
 

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There are two new articles on the Daily Kos inspired by today's Senate committee hearing on the proposed Whistleblower Protection Enhancement Act (WPEA). The first, by Michael German, is called, "Why Protect Whistleblowers?" Michael is the ACLU Policy Counsel on National Security, Immigration and Privacy.  His article explains how a few whistleblowers did connect dots before the 9/11 terrorist attacks, and how protecting them would enhance our national security.

Jesselyn Radack wrote the other article, called, "Whistleblower Bill Hearing Today & Why We Should Give a Damn." She concludes that federal employees, "need the right to a jury trial in federal court." Both articles are recommended reading. I notice that "Winnie" has asked what action can we take to support the Whistleblower Protection Act? For those who cannot come to Room 342 of the Dirksen Senate Office Building at 2:30 pm today, I provide this link to the National Whistleblower Center Action Alert.

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During the last year, you sent over 11,000 messages to Congress demanding stronger whistleblower protection.  Thank you for your support!  Congress heard you, and this Thursday, June 11th, the Senate is holding a hearing on amendments to the Whistleblower Protection Act.  The Senate legislation currently lacks two critical provisions - universal coverage for all federal employees, including national security employees, and full court access.  Now we need to tell Congress that meaningful whistleblower protection must include these provisions.

Your support is more important than ever!  We have a historic chance to protect the federal employees responsible for oversight and accountability.

Please click here to contact Congress now!

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The National Whistleblower Center (NWC) is blessed this Summer with its largest group of interns.  We are thankful to have the help of these graduate and undergraduate students. We accept the responsibility to share with them our experience in advancing the cause of whistleblower rights through legislative and courtroom advocacy.  

Pictured here are (back row), Eric, Michael, Eric, Max, Colin, Joey, Andrew and Evan; (middle) Morgan and Jessica; (seated) Yungbi, Nataleigh, Brooke, Bianca and Yeon Me.

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Bunny Greenhouse and her attorney, Michael D. Kohn, will be interviewed by television anchor Beverly Kirk on Federal News Tonight on News Channel 8 tonight at 7:30 pm EST.  We are happy that Federal News Tonight has taken an interest in Ms. Greenhouse's story and the need for stronger whistleblower protection.  Please click here to view a LIVE feed of the interview beginning at 7:30.  We will post a video of the interview tomorrow.

You can help Ms. Greenhouse in her fight for stronger whistleblower protection by contacting Congress and President Obama.

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We are happy to announce that President Obama signed the Fraud Enforcement And Recovery Act of 2009 yesterday.  The House and Senate passed the bill with overwhelming majorities and the bill presented to the President included the best of the House and Senate versions.  The new law makes much needed improvements to the False Claims Act.   It is good to see Both Houses of Congress and the President have taken the very kind of action we have been advocating for years.

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