The American Bar Association (ABA) is holding a brown bag lunch panel with staff members from the Office of Special Counsel (OSC) on Thursday, November 3rd, from 12:00 pm-1:30 pm EST. The panel discussion will cover recent developments in Merit Systems Protection Board (MSPB) and Federal Circuit case law that impact whistleblowers. The panel will

The Merit Systems Protection Board (MSPB) recently allowed a stay in the termination of a Food and Drug Administration (FDA) whistleblower, Paul T. Hardy. The Office of Special Counsel (OSC) requested the stay on his behalf due to reasonable belief that Mr. Hardy’s recent termination from the FDA constituted a violation of the Whistleblowers Protection Act (WPA).

According to the OSC, there is substantial evidence that Mr. Hardy’s termination was a direct retaliation for disclosures he made about serious safety issues with a screening device designed to detect breast cancer. The OSC explained that Mr. Hardy’s whistleblowing “raised issues related to exposing the general population to unwarranted radiation exposure and ineffective cancer screening devices.”


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Last Thursday, April 14, 2011, the Senate confirmed Carolyn Lerner as Special Counsel. This post, which investigates and takes positions on federal employee whistleblower allegations, has been vacant for over two years. I reported here last month about her confirmation hearing.

Ms. Lerner has a difficult job ahead of her. Her staff is underfunded, and