Fed. Circ. Says Probe Alone Not Whistleblower Reprisal Proof

By Daniel Wilson (April 8, 2020, 10:28 PM EDT) -- A U.S. Department of Veterans Affairs whistleblower couldn't pursue a reprisal claim under whistleblower law based solely on an allegedly retaliatory investigation, the Federal Circuit ruled Wednesday.

The VA's allegedly retaliatory investigation of former employee Leonard Sistek Jr. for making whistleblower disclosures to the agency's Office of Inspector General is not a "personnel action" that can support corrective action under the Whistleblower Protection Act, U.S. Circuit Judge Kara F. Stoll ruled for a three-judge panel in a precedential decision.

"Based on the plain language of the statute, as further supported by the legislative history, we conclude that retaliatory investigations, in and...

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