Do Statistics Indicate a Bias Favoring Employers in Merit Systems Protection Board Cases?
With agencies like the Merit Systems Protection Board established for the purpose of protecting federal employees’ rights, one would think that whistleblowers in the United States are, for the most part, protected when their actions are within legal bounds. Unfortunately, though, some have pointed to recent statistics which seem to indicate a bias in cases challenging the actions of federal employers. If the primary agency responsible for disputing the wrongful actions of federal employers is not being run effectively, federal employees could be discouraged from reporting unethical, sometimes illegal, activities taking place in their work environments.
While not all wrongful-action appeals have merit, there are numerous legitimate claims as well. Recent statistics, however, indicate that MSPB judges only ruled in favor of federal employees 1.7% of the time, a statistic comprised from 4,698 cases from around the nation (Colapinto). With judges only ruling in favor of former and current federal employees 1.7% of the time, it’s difficult to believe that there is any real protection for whistleblowers who are working for federal employers.
Without the assurance of protection from external agencies, the majority of potential federal employee whistleblowers are bound to remain silent, which is great for federal employers looking to bend the rules. It’s not a good thing, however, for the federal employees working in environments where rights are ignored and dissent is sanctioned. There are also other victims when federal employers are able to ignore the rules set in place by the American legal system: the American people. When federal employers are able to operate free from the constraints of law and morality, they are able to exploit and manipulate the American people in any number of ways.
If you are a federal employee with a workplace grievance, we suggest you contact one of our Merit Systems Protection Board attorneys today to help establish and protect your rights today.
