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U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
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U.S. OFFICE OF SPECIAL COUNSEL ANNOUNCES SETTLEMENT OF TSA WHISTLEBLOWER
COMPLAINT
FOR IMMEDIATE RELEASE: 2/22/05
CONTACT: CATHY DEEDS, 202-254-3600 or
CDEEDS@OSC.GOV
WASHINGTON - The U.S. Office of Special Counsel
(OSC) announced the settlement of a prohibited personnel practice complaint
filed by a Transportation Security Administration (TSA) employee.
Under the settlement, without admitting
liability, TSA rescinded the complainant’s termination, reassigned the
complainant to a new airport, agreed to pay the large majority of the
complainant’s relocation costs, raised the complainant’s salary by 5%, and paid
the complainant’s attorney’s fees. In exchange, the complainant agreed to
withdraw her OSC and Equal Employment Opportunity Commission (EEOC) complaints.
The complainant, formerly an Acting Assistant
Federal Security Director, filed a complaint with OSC in June 2004 alleging that
she was subjected to a retaliatory investigation, placed on paid administrative
leave, and ultimately, terminated because she reported to TSA’s Office of
Inspector General that her supervisor illegally brought his privately owned
assault rifle onto government premises. TSA investigated and corroborated the
complainant’s allegation regarding the assault rifle incident. After completing
its investigation, TSA eventually suspended complainant’s supervisor, the Acting
Federal Security Director, for one day. The supervisor is no longer in that
position.
Within one month of TSA’s investigation of the
assault rifle incident, the implicated supervisor initiated an investigation of
the complainant. Shortly thereafter, the complainant was placed on paid
administrative leave and ultimately terminated. Approximately, one month after
the complainant’s removal from federal service, OSC sought, and received, a
formal stay of the termination from the Merit Systems Protection Board.
OSC investigated the complainant’s allegations
and concluded there were reasonable grounds to believe that the personnel
actions violated the Whistleblower Protection Act (WPA). The WPA makes it
unlawful for an agency to take a personnel action against employees because they
disclose what they reasonably believe is evidence of a violation of law, rule,
or regulation. When OSC advised TSA of its findings, TSA, recognizing the
importance of protecting all employees’ rights, agreed to cooperate in settling
the complaint.
Special Counsel Scott Bloch noted, “This whistleblower
demonstrated courage in coming forward to report this serious situation in the
federal workplace. Whistleblowers should not have to fear reprisal, and we will
make sure they are protected.” ***
The U.S. Office of
Special Counsel (OSC) is an independent investigative and prosecutorial
agency and operates as a secure channel for disclosures of whistleblower
complaints. Its primary mission is to safeguard the merit system in federal
employment by protecting federal employees and applicants from prohibited
personnel practices, especially retaliation for whistleblowing. OSC also has
jurisdiction over the Hatch Act and the Uniformed Services Employment and
Reemployment Rights Act (USERRA). For more information please visit our web
site at www.osc.gov or call
1-800-872-9855.
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