Waters v. Churchill

The Whistleblower Protection Act of 1989 protects the jobs of federal employees who report fraud, waste, abuse of authority, or mismanagement within the workplace. The act requires a worker to only prove his whistleblowing was "a contributing factor," not a "dominant" reason, in disciplinary actions brought against him. Employing agencies must prove with "clear and convincing evidence" that actions against an employee would have occurred even if the employee had not "blown the whistle." Office of Special Counsel (OSC) and the Merit System Protection Board (MSPB) are charged with investigating cases and protecting whistleblowers.

The OSC's primary role is to protect federal workers reporting incidents within their agencies. Responsibilities include forwarding worker complaints of employer harassment to the appropriate agency, investigating allegations of retribution, and filing complaints with the MSPB or recommending disciplinary action against employers. A worker can appeal directly to the MSPB only if the OSC drops the case or issues no reply to a complaint within 20 days. The OSC is required to respond to allegations of a "gross" nature.

The MSPB protects witnesses from harassment and encourages reluctant colleagues to testify. The MSPB also conducts hearings, appeals, special studies, and oversees the U.S. Office of Personnel Management's federal employment policies.