Federal law prohibits a federal employer from taking adverse personnel action against a federal employee who reports, or is about to report, discrimination or harassment. A personnel action means: (i) an appointment; (ii) a promotion; (iii) an action under chapter 75 of this title or other disciplinary or corrective action; (iv) a detail, transfer, or reassignment; (v) a reinstatement; (vi) a restoration; (vii) a reemployment; (viii) a performance evaluation under chapter 43 of this title or under title 38; (ix) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph; (x) a decision to order psychiatric testing or examination; (xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and (xii) any other significant change in duties, responsibilities, or working conditions. Federal employers are prohibited from taking an adverse personnel action in furtherance of the following: employment discrimination, retaliation, improper hiring practices, or failure to adhere to laws, rules, or regulations that directly concern the merit-based system. Specifically, 5 U.S.C. §2302(b) prohibits federal employers from, inter alia: 1) taking adverse personnel action due to an employee’s disclosure of information that the employee reasonably believes evidences any violation of any law, rule or regulation; and 2) discriminating against an employee on the basis of conduct, which does not adversely affect the performance of the employee or the performance of others.
In addition, the applicable provision of the Whistleblower’s Protection Act (WPA), MCL 15.362, states the following:
An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment because the employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, a violation or a suspected violation of a law or regulation or rule promulgated pursuant to law of this state, a political subdivision of this state, or the United States to a public body, unless the employee knows that the report is false, or because an employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action.
This provision of the WPA protects an employee who has reported, or is about to report, a violation or suspected violation of a law to a public body. Pace v. Edel-Harrelson, 499 Mich. 1, 6; 878 N.W.2d 784, 787 (2016). To establish a claim under the WPA, a plaintiff must show that “(1) the plaintiff was engaged in protected activity as defined by the act, (2) the plaintiff was discharged or discriminated against, and (3) a causal connection exists between the protected activity and the discharge or adverse employment action.” Id. Under the above, by reporting discrimination or harassment to a federal employer, the employee is engaging in a protected activity that prevents the federal employer from taking a prohibited personnel action against them. If you or someone you know was engaged in a protected activity and was discriminated against by their Federal employer for engaging in a protected activity, you should consult a qualified attorney to help you navigate the nuances of your claim.
For more information, or if you need to speak with an attorney regarding a potential lawsuit, please contact us online or call our office for a free consultation, toll free: 1-855-TISH-LAW.