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