In a decision that it called a new precedent, MSPB has taken a broad reading of a recent change in law involving retaliation against employees who are perceived to have cooperated in an investigation into agency practices.
At issue was a provision in a 2012 law making it a prohibited personnel practice for a management official to take, threaten or fail to take certain personnel action against an employee for “cooperating with or disclosing information to the inspector general of an agency.” Specifically, the question was whether that coverage extends to those who are perceived to have cooperated, regardless of whether they actually did.
MSPB answered in the affirmative, noting that whistleblower law protects those who are perceived as having made certain types of disclosures and saying the “same rationales” apply to perceived cooperation with investigations.
“Failure to protect employees perceived to have engaged in such activity would defeat the purpose of the statute by discouraging other employees from engaging in activity which Congress has found to be in the public interest,” it said.
It ordered a hearing officer to reconsider the case, which involves a claim that retaliation compelled an involuntary retirement.
