Senators demand strong whistleblower protections

A bipartisan group of senators is urging the Obama administration to protect whistleblowers.

In a brief filed this week with the Department of Labor Administrative Review Board, Sens. Chuck Grassley (R-Iowa), Ron Wyden (D-Ore.), and Rep. Jackie Speier (D-Calif.) demand the agency uphold strong whistleblower protections for private sector employees.

The Labor Department is reconsidering a case — Palmer v. Canadian National Railway/Illinois Central Railroad Company — that the senators warn would weaken whistleblower protections in the private sector.

At issue is the future of a two-part system used to protect whistleblowers from retaliation. First, the whistleblower must show evidence demonstrating they were retaliated against. Second, the employer must also prove there are other reasons why it disciplined or fired the employee.

If the Labor Department reverses its decision in the Palmer case, it could disband the two-part system in favor of a one-part system that would make it “more difficult for whistleblowers to prove their cases,” the senators warn.

They’re urging the Labor Department to stick to its original ruling that upheld decades-old whistleblower protections.

“Time and again, we’ve seen whistleblowers face retaliation from within their own ranks for simply trying to correct failures or misconduct,” Grassley said in a statement. “Then when they seek relief, they have fewer resources and access to information to help prove their case. It’s like David trying to fight Goliath.”

“Requiring these patriotic people to prove in the first instance that they are the victim of reprisal only adds insult to injury,” he added. “That’s why Congress placed the burden on the employer to prove that any adverse action it may have taken against a whistleblower was not the result of the disclosure itself. This brief reiterates Congress’ intent that the employer, not its employees should bear the burden of proof in whistleblower retaliation cases.”