Fedweek

Agencies Settle Series of Retaliation Complaints

The Office of Special Counsel has announced a series of settlements on retaliation complaints federal employees brought against their agencies, three of which involved alleged reprisal against whistleblowers.

Two of the whistleblower cases involved the VA. In one, the employee “alleged that his proposed demotion was retaliation for reporting a significant number of unanswered patient telephone calls to a VA medical facility’s mental health crisis line,” the OSC said. In the other, the employee “alleged that he was removed during his probationary period for engaging in a protected grievance process.”

In the former, the settlement resulted in a recission of the proposed demotion, 97 hours of restored sick leave, and $10,000 in compensatory damages, while in the latter it resulted in with a clean record and $175,000 for back pay and damages, the OSC said.

The third whistleblowing case involved an Air Force employee who “was reassigned, subjected to a hostile work environment, and received a lowered performance evaluation” after making disclosures regarding lab safety issues, participated in an OIG investigation, and filed an EEO complaint. The agency agreed to pay the employee $47,000, raise the employee’s performance evaluation, and expunge management files of derogatory information, the OSC said.

The fourth case involved an employee of an unnamed agency who alleged that the agency did not provide her with a career ladder promotion for which she was eligible in retaliation for taking Family Medical Leave Act leave. “The agency agreed to provide the employee with a retroactive promotion and backpay, conduct FMLA training, and change its career ladder promotion guidance to clarify that taking FMLA leave may not be used as a negative factor,” the OSC said.

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