Fedweek

OSC said an investigation confirmed a CBP employee’s allegations of a retaliatory hostile work environment. Image: ALAN DAVID STAATS/Shutterstock.com

The Office of Special Counsel has settled a case charging retaliation against a CBP whistleblower for disclosing safety issues regarding the agency’s helicopter fleet, resulting in “significant compensatory damages” paid to the now-retired employee.

OSC said its investigation confirmed the employee’s allegations of retaliation by creating a “hostile work environment resulting in significant changes to his working conditions.” It also said that an investigation the CBP conducted in response to OSC’s referral confirmed the employee’s disclosures, including that most of the agency’s Air and Marine Operations helicopters lacked required crash resistant fuel tanks in violation of operational requirements.

A separate investigation conducted by the Coast Guard resulted in changes to the AMO’s safety and crash investigation policies and procedures, it said.

Separately, OSC said it has reached a settlement in a Hatch Act case brought against a VA employee resulting in an unpaid 90-day suspension. It said that in the settlement, “the employee admitted to posting, or acquiesced in the posting of, numerous Facebook posts on his personal account that solicited contributions for candidates for partisan political office,” some of which “were posted while the employee was on duty or in the federal workplace, which is also prohibited under the law.”

“The Hatch Act includes a 24-7 prohibition on federal employees soliciting donations for partisan political campaigns,” it said. “This is a bright line rule and OSC will seek discipline when a federal employee knowingly flouts the law.”

The announcement comes weeks after a similar settlement with another VA employee charged with sharing Facebook posts promoting partisan political fundraisers. That resulted in a 70-day unpaid suspension, which itself was one of the longest resulting from Hatch Act charges in recent years.

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