Seal
27
Clear and Convincing Evidence
(Agency Defense)
•Agency must show — by clear and convincing evidence — that it would have taken same action without disclosure
•
•Factors:
n
ØStrength of evidence in support of personnel action
Ø
ØExistence & strength of motive to retaliate
Ø
ØTreatment of similar employees who are not whistleblowers
NOTES: