OSC Files MSPB Amicus Brief Advocating for Broad Protections for Employees Contacting Investigators

May 28, 2024

As the agency responsible for protecting federal employee whistleblowers, OSC’s brief advocates for an expansive reading of the statute to maximize protections for employees .

The U.S. Office of Special Counsel (OSC) replied to a request from the Merit Systems Protection Board (MSPB) to file an amicus curiae (friend of the court) brief in Reese v. Department of the Navy. In a letter to Special Counsel Hampton Dellinger, as well as a public notice to other interested parties, the MSPB sought advice on three legal questions related to the scope of the law that prohibits reprisal for “cooperating with or disclosing information to the Inspector General (or any other component responsible for internal investigation or review) of an agency, or the Special Counsel."

As the agency responsible for protecting federal employee whistleblowers, OSC's brief advocates for an expansive reading of the statute to maximize protections for employees and preserve OSC's ability to obtain credible testimony. It is critical to OSC's mission that federal employees have broad protections to obtain complete, candid participation in its investigations.

OSC is grateful to Julie Yeagle and Gregory Giaccio who drafted the brief encouraging an approach that is consistent with the remedial purpose of the Whistleblower Protection Act.