Bloomberg Law
July 1, 2013, 4:00 AM

MSPB Decision Marks ‘Major Victory’
For Whistleblowers, According to GAP

Pending whistleblower retaliation claims should be evaluated under the expansive definition of protected “disclosures” outlined in the Whistleblower Protection Enhancement Act of 2012, the Merit Systems Protection Board decided June 26 (Day v. Dep’t of Homeland Sec., MSPB, No. DC-1221-12-0528-W-1).

Reversing an administrative judge’s ruling against retroactive application of the WPEA, the board said that the WPEA merely clarified anti-retaliation rights that Congress had previously provided in the Whistleblower Protection Act. The board returned the appeal to the AJ for further adjudication.

Thomas Day, representing himself, had filed an appeal alleging that the Department of Homeland Security retaliated ...