NWC's Board of Director member Dr. Marsha Coleman-Adebayo was interviewed by Travis Smiley last night on PBS about her book NO FEAR: A Whistleblower's Triumph Over Corruption and Retaliation at EPA.
Watch Author Marsha Coleman-Adebayo on PBS. See more from TAVIS SMILEY.
Tune in tomorrow at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.
In the first half hour, Steve Kohn and Lindsey Williams discuss the status of environmental whistleblower protections and how listeners can help by taking action.
In the second half hour, Richard Renner interviews Dr. David Lewis, a highly respected research microbiologist, about scientific integrity and his experience blowing the whistle on the EPA’s policy of promoting the land application of sewage sludge on farmland.
Submit Your Question to be asked on air during the show.
Missed last week's episode?? You can listen to the podcast.
Calling all Philadelphians, this month is your chance to hear an in-person talk with Stephen Kohn, Executive Director at the National Whistleblowers Center. He will be in town to teach a CLE seminar called, "The NEW Corporate Whistleblower Protections and Reward Provisions.”
Join Steve for the seminar on November 29, 2011, from 2:00pm to 4:00pm in Philadelphia. Special pricing is available for members of the NWC Attorney Referral Service (ARS) and for whistleblowers.
Space is limited, so reserve a seat at the seminar today.
The seminar curriculum includes a full tutorial on the new whistleblower provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act. Attorneys will learn how to use Dodd-Frank and other whistleblower laws to effectively represent employees, combat fraud, and qualify for large whistleblower rewards. Whistleblowers will learn how to navigate the complex legal system to receive maximum protection.
Two CLE credits are requested for Pennsylvania. New Jersey and New York have CLE reciprocity. If you would like to request CLE for another state, please contact us.
Tune in tomorrow at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.
In the first half hour, Steve Kohn discusses the SEC’s recently released report on its new whistleblower program. Jordan Thomas, partner at Labaton Sucharow and former SEC official, shares his views about the development of the whistleblower rules and how the SEC whistleblower office is doing so far.
In the second half hour, Steve answers listener questions on a variety of whistleblower topics. You can take action to improve protections for whistleblowers by signing the petition.
Submit Your Question to be asked on air during the show or call in live to 1-888-874-4888.
Missed last week's episode?? You can listen to the podcast.
This week The Washington Times published a lament of Attorney General Eric Holder’s treatment of FBI whistleblowers based on a public complaint from Senator Chuck Grassley (R-Iowa). The article is aptly titled, “Grassley: Whistleblower Cases Stuck ‘in limbo’ Under Holder."
In his letter, Senator Grassley declared that, “perpetual delays for resolving FBI whistleblower cases at the Department of Justice,” led him to the conclusion that, “The process of resolving whistleblower cases appears to be broken.” The Department of Justice refused to comment for the Washington Times article.
To support this point, Senator Grassley used the specific examples of FBI whistleblowers Jane Turner and Robert Kobus. Jane Turner has seen her case stalled for nine years now, while Robert Kobus’ case has been help up for about four.
Jane Turner, a highly decorated 30-year FBI veteran, was fired after reporting that FBI agents had taken “souvenirs” from Ground Zero after the 9/11 attacks. Five years after she filed her 2002 claim, a civil jury held that she had been illegally retaliated against and was due compensatory funds. Senator Grassley’s complaint stems from the fact that the FBI’s appeal is still bouncing around the Department of Justice to this day. “Any reasonable person would agree that 9 years is extreme and unacceptable,” he concluded.
Robert Kobus blew the whistle on timecard fraud in the FBI’s field office in New York, and in 2007 the Office of Inspector General found that the FBI had illegally retaliated against him for his report. Much like Jane Turner, Kobus has jumped through all of the hoops required for a speedy decision, but Senator Grassley pointed out that, “Mr. Kobus’ case has now languished in bureaucratic red tape for approximately 4 years.”
Attorney General Holder once testified that he would, “ensure that people are given the opportunity to blow the whistle and they will not be retaliated against, and then to hold accountable anybody who would attempt to do that.” Senator Grassley has long been a steady supporter of whistleblowers, and advocates this same view. However, in his letter, the Senator contrasts his true commitment with the Attorney General’s lip service: “Whistleblowers are key to unlocking many of the secrets hidden deep in the closets of the federal government. Allowing a case to sit in limbo for more than nine years shows a lack of commitment to resolving issues for these courageous people.”
The delays that Senator Grassley and The Washington Times have discussed are indeed a major systemic problem. These unnecessary hassles are the icing on the case for brave employees who risk their careers for the public interest.
*Intern Regan Moore contributed to this posting
There has been much debate about whether Coach Mike McQueary is a whistleblower. While the NWC takes no position on the outcome of the investigation, there are two facts that are important to note.
First, McQueary’s initial report as a graduate assistant to his supervisor, Joe Paterno, was a protected disclosure under Pennsylvania law. The Pennsylvania whistleblower law protects employees who “report” wrongdoing “verbally” to their “superior” or to an “agent of the employer.” McQueary also went beyond just reporting it to his supervisor. He reported what he saw to two high-ranking university officials, including a senior Vice President who had supervisory authority over the campus police.
Second, McQueary’s testimony concerning Gerald Sandusky to the grand jury is protected whistleblower speech. The public interest is served when employees provide truthful testimony about their employer’s misconduct.
In my 28 years of experience representing whistleblowers, I have seen employees sit in court and shield their employers, often conveniently forgetting key facts. This appears to have happened in this case. The grand jury found portions of testimony by two key university officials, Tim Curley and Gary Schultz, not credible after they sugar coated and downplayed the abuse that was reported to them by McQueary. According to the grand jury report, Schultz was “very unsure” about what McQueary told him, and he testified that McQueary’s allegations were, “not that serious,” and that there was, “no indication that a crime had occurred.” This type of obfuscation and loss of memory is typical of managers covering up wrongdoing.
Continue Reading...NWC's Jane Turner was interviewed today on MSNBC about the Penn State child abuse scandal and whether Coach Mike McQueary is a whistleblower. Tune in to Honesty Without Fear tomorrow to hear Jane and Steve Kohn discuss this question in more detail, or listen to the archived show after it airs.
You can find out more about Jane Turner and her background at the FBI investigating child abuse here.
Visit msnbc.com for breaking news, world news, and news about the economy
Tune in tomorrow at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.
In the first half hour, Steve Kohn discusses the breaking story at Penn State and whether Coach Mike McQueary is a whistleblower. Steve interviews Jane Turner who blew the whistle on the FBI’s failure to properly investigate child abuse cases. Jane explains how hard it is to stand up to a large institution such as the Catholic Church, the FBI or Penn State. You can take action to improve protections for whistleblowers by signing the petition.
In the second half hour, Richard Renner interviews author Kathleen Sharp about her recently released book BLOOD FEUD: The Man Who Blew the Whistle on One of the Deadliest Prescription Drugs Ever. BLOOD FEUD is an account of what happened when two ordinary men tried to stop two drug companies from marketing a drug, Procrit, that accelerated tumor growth, damaged hearts, and caused deadly strokes.
Submit Your Question to be asked on air during the show or call in live to 1-888-874-4888.
Missed last week's episode?? You can listen to the podcast.
Today, FBI whistleblower Jane Turner issued a statement on the Penn State child sex abuse scandal. Jane Turner, a 25-year veteran Agent, blew the whistle on the FBI’s failure to provide protection for child sex crime victims on the North Dakota Indian Reservations. Ms. Turner reported the allegations to the highest level of the FBI, including Director Mueller. Her allegations included the FBI’s: failure to act on leads concerning a international long haul truck driver pedophile, cover-up of a rape of a 2-year old child by declaring her injuries to be a result of a car accident, and failure to follow-up on the direct evidence that a television personality was sexually molesting children on the Indian Reservation.
In retaliation for exposing FBI failures within its child crime program, Ms. Turner was removed from her position. She was forced to wage a 10-year legal battle to establish her right to blow the whistle. Ms. Turner eventually won her case in front of a federal jury in Minneapolis, Minnesota.
Jane Turner issued the following statement:
Unfortunately, I witnessed first-hand the institutional inaction that often happens when someone reports child abuse. It takes enormous strength to put one’s moral integrity over your personal inclination to protect fellow colleagues who have committed malfeasance, or criminal activity. The FBI, like Penn State and the Catholic Church, are entities that allows their personnel to report allegations up a chain of command but those in positions of power or change, fail to take immediate or strong actions. It simply boils down to the fact that those in power have a stronger desire to preserve the reputation of their institution, then taking the road of truth or justice. Entities like Penn State, the Catholic Church and the FBI all share something in common; they operate in an insular world where rules or laws that apply to everyone else, do not apply to them.
To read the rest of today's press release please click here.
Protestors from a wide range of organizations led by Occupy DC, the No FEAR Coalition, the National Whistleblowers Center, net-We.org, Federal Alliance for Workplace Accountability, and others will demonstrate against the Environmental Protection Agency on Thursday, November 10 at noon.
The demonstration will gather at noon at Freedom Plaza before proceeding to the Environmental Protection Agency (EPA) to lay wreaths at EPA's door symbolizing: how EPA Administrator Lisa Jackson and her Administration continues to pursue and destroy the careers of whistleblowers and victims of discrimination; the illness and deaths from upper respiratory diseases that will occur as a result of President Obama’s decision to delay smog regulations; and solidarity with South African vanadium mine workers.
Led by E.P.A. whistleblower Dr. Marsha Coleman-Adebayo, the protest is directed against the EPA for the agency’s harassment of whistleblowers and victims of discrimination. Dr. Coleman-Adebayo stated, “The Jackson Administration has actively retaliated against whistleblowers and allowed her lawyers and managers to destroy their careers preventing these ‘citizens of conscience’ from protecting the public." In addition, the protestors criticize President Obama for bowing to pressure to postpone changes to the Clean Air Act to protect Americans from smog and other dangerous pollution.
Dr. Coleman-Adabayo discussed the protest event with Dave Colapinto on yesterday's episode of Honesty Without Fear. You can listen to the recorded podcast by clicking here.
Stephen M. Kohn, Executive Director of the National Whistleblowers Center, who will be speaking at the demonstration, stated that, "The incestuous relationship between regulators and special interests have fundamentally undermined public safety. In today’s environment fraud is profitable. This must end. We must protect the employees who have the courage to speak up."
Please join us on Freedom Plaza in Washington, DC at 12:00 pm EST on Thursday, November 10th to help us protest the EPA’s treatment of whistleblowers.
Tune in tomorrow at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.
In the first half hour, Dave Colapinto discusses breaking developments in Congress on the Whistleblower Protection Enhancement Act to strip federal employee whistleblowers of a right to jury trial. TAKE ACTION to protect federal employees.
Dave interviews EPA whistleblower Dr. Marsha Coleman-Adebayo about her recently released book No FEAR: A Whistleblower’s Triumph Over Corruption and Retaliation at the EPA. The book is a first-hand account of Dr. Coleman-Adebayo’s experience as a federal employee whistleblower and the racism and sexism she faced trying to protect the lives of South African miners.
In the second half hour, Eric M. Gutiérrez, Legislative & Public Policy Director for the National Employment Lawyers Association (NELA), will be interviewed by Dave Colapinto, and Dr. Coleman-Adebayo will also join the discussion. They discuss how the Civil Rights Tax Relief Act (CRTR) addresses the excessive and unfair tax treatment of settlements and awards in employment cases.
Submit Your Question to be asked on air during the show or call in live to 1-888-874-4888.
Missed last week's episode?? You can listen to the podcast.
Representatives John Lewis (D-GA) and James Sensenbrenner (R-WI) introduced the Civil Rights Tax Relief Act in 2009. This bill would provide that compensatory damages awarded in whistleblower and other cases would be excluded from the definition of “income” for income tax purposes, just as other personal injuries are excluded. The Civil Rights Tax Relief Act will also permit whistleblowers and civil rights plaintiffs to pay taxes based on the tax rates of the years the wages would have been earned but for the unlawful discrimination.
They have now reintroduced this bill as the Civil Rights Tax Relief Act of 2011, H.R. 3195. Last week, Senators Jeff Bingaman (D-NM) and Susan Collins (R-ME) introduced a companion bill, S. 1781.
This bill has positive outcomes for both employers and employees. The CRTRA will help employers by reducing the costs of employment and civil rights litigation by enabling more cases to be settled before trial. This will free up valuable court time for other cases. It also helps the employees by not requiring that they pay taxes on non-economic damages.
"The reintroduction of the CRTRA in both the House and the Senate is an excellent development and a great opportunity for Congress to level the playing field for employment plaintiffs who have to deal with illegal discrimination and pay higher taxes on their settlements or awards. We laud all the sponsors and look forward to making the CRTRA law," stated Bruce A. Fredrickson, who guided advocacy for the CRTRA on behalf of the National Employment Lawyers Association (NELA).
This bill failed to pass in the last session of Congress, but has the potential to pass this time around if enough people contact their representatives to advocate for it!
Intern Sravani Nichanamatlu wrote this blog entry.
On Thursday the House Oversight Committee marked up the Whistleblower Protection Enhancement Act. Similar bills have been passed during the past few sessions of Congress but never signed into law. Each new session of Congress brings a new start to the process.
Important language from past versions of the bill has been re
moved during this session, undoing significant progress for whistleblower protections. Specifically, the House of Representatives bill (H.R. 3289) in its current form would:
During the markup, Rep. Bruce Braley (D-Iowa), pictured right, proposed restoring language that would provide federal employees with a right to trial by jury.
“It gives either party to a proceeding the right to request a trial by jury,” explained Rep. Braley. “Because it’s been endorsed by whistleblower advocacy groups and because it is such a central right embedded in our nations history, it seems right to restore this language to the bill.”
Chairman Darrel E. Issa (R-Calif.) responded by stating, “There are serious concerns about expanding … access to our federal court system.” Ironically enough, in the past he voted in favor of a bill that includes jury trials for federal employees. Twice.
Ranking Member Elijah Cummings (D-Md.) argued that he has yet to hear one good reason to depart from the tradition of a jury trial. In his opinion, “It makes legal and common sense to extend this protection to federal workers.”
You can encourage your Representative to support jury trials for federal employees by Taking Action.
*Kim Le contributed to this post.
Julia Davis, the Homeland Security writer for the Los Angeles Examiner, released an article yesterday calling for action today to "protect whistleblowers, so that they may continue protecting our nation." The 
article is called, "The House cooks up another turkey of a bill, guts whistleblower protections." Davis laments that, "Instead of improving an already deeply flawed Senate bill that was introduced earlier this year, the House slashed even more whistleblower protections." She decries the elimination of jury trials, the addition of summary judgment, and the shenanigans in picking which court will hear appeals. She joins with the National Whistleblowers Center (NWC) in urging all Americans to take action today to ask Congress to fix this bill. She also made this graphic to express the distress of whistleblowers over the Whistleblower Protection Enhancement Act (WPEA). Thank you.
Today, leaders in the House of Representatives introduced a bill (H.R. 3289) to amend the Whistleblower Protection Act. Their new bill would strip federal employee whistleblowers of court access.
The House version of the bill further erodes federal employee whistleblower protections from an already weakened Senate bill that was introduced earlier this year. The amendments would:
The bill was introduced today in the House Oversight and Government Reform Committee.
A number of prominent civil rights groups have signed a letter to Congress demanding immediate changes to the legislation. Their requests include ensuring full appeals court access for federal workers and blocking the ability of the MSPB to summarily throw out whistleblower claims.
The National Whistleblowers Center issued the following statement:
We are particularly troubled by the judicial gerrymandering precedent that would be set by this bill. Unlike its Senate counterpart, the House bill completely chokes off access to normal court review and bypasses more "liberal" courts of appeal, such as the 9th Circuit.
In the past two Congresses, the House endorsed full court access for federal employees by overwhelming, bipartisan majorities. This precedent has been abandoned. For the fist time, the House is endorsing a bill that will strip federal employee whistleblowers from all access to jury trials under the Whistleblower Protection Act. This setback for employee rights must be fixed.
The House Committee on Oversight and Government Reform plans to hold a markup of the bill on Thursday, November 3, 2011.
The NWC has issued an Action Alert calling on all Americans to ask their Representative to fix the bill.
Employees of the Federal Bureau of Prisons (BOP) will rally today to speak out against retaliation for filing discrimination complaints. In July, the American Federation of Government (AFGE) Employees Council of Prison Locals called on Attorney General Eric Holder and the United States Congress in July to hold Bureau of Prisons (BOP) leadership accountable for failure to make changes to the climate of retaliation and discrimination that’s running rampant in the federal prison system.
“Not only do correctional workers face life threatening situations on a daily basis, but they are facing retaliation from managers” if they complain about retaliation and discrimination by their bosses, said Michael Castelle, Sr., National Fair Practices Coordinator for the AFGE Council of Prison Locals. They also face unsafe correctional officer-to-inmate ratios created by years of agency underfunding. And they face retaliation from managers should they choose to file an EEO complaint in the system. “That’s the one that really stings,” says AFGE, which wants to stop management's “cavalier attitude” toward the well-being of their employees. “A little accountability would be nice.”
The AFGE rally is scheduled to begin at 11:30 a.m. this morning at the Department of Justice headquarters at 9th St. and Constitution Ave., N.W., in Washington, DC. Thank you to Chris Garlock of the Metropolitan Washington AFL-CIO Council for announcing this rally in today's Union City (and for sharing this photo).
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