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U.S. Office of Special Counsel

1730 M Street, N.W., Suite 300

Washington, D.C. 20036-4505

U.S. OFFICE OF SPECIAL COUNSEL ANNOUNCES FAVORABLE SETTLEMENT OF FEDERAL EMPLOYEE’S COMPLAINT

FOR IMMEDIATE RELEASE - 7/24/98
CONTACT: JANE MCFARLAND
(202) 653-7984      

    The U.S. Office of Special Counsel (OSC) today announced the favorable settlement of a complaint filed with it by Deborah L. Shaw, a federal employee, against the Social Security Administration (SSA), her employer. 

    Shaw was employed by SSA as a temporary attorney in 1995. She sought union assistance to obtain the promotion of GS-12 lawyers in her office, and the union eventually filed a grievance. Shortly thereafter, in June 1997, SSA proposed Shaw’s termination, claiming that she had engaged in certain disruptive conduct.

    Shaw filed a complaint with OSC alleging that her proposed termination violated 5 U.S.C.  2302(b)(9), which makes it a prohibited personnel practice to take, fail to take, or threaten to take or fail to take a personnel action against an employee for exercising any appeal or grievance right granted by law, rule or regulation. OSC conducted an investigation that uncovered reasonable grounds to believe that the real reason SSA had proposed Ms. Shaw’s termination was because of the exercise of her right to file a union grievance. OSC obtained stays of Ms. Shaw’s termination during the pendency of its investigation, and she continues to be employed by the agency. 

    The specific terms of the settlement agreement, which grants Shaw full corrective action, are confidential. The settlement was approved by the Merit Systems Protection Board’s (MSPB) Chief Administrative Law Judge, Paul G. Streb, on July 6, 1998. 

    Shaw’s attorneys, Michael Kator and former MSPB Vice Chair Jessica Parks of Kator, Scott & Parks, said: "OSC’s thorough investigation and aggressive action have saved the career of a talented and dedicated government employee. Only the Special Counsel’s diligence and zeal prevented the SSA from carrying through its unlawful action."

    The U.S. Office of Special Counsel provides an independent avenue to protect merit systems principles in federal employment. OSC receives, investigates, and prosecutes before the MSPB, charges concerning the commission of prohibited personnel practices, with priority given to protecting whistleblowers. In addition, the Office provides a secure channel for federal employees who possess information regarding legal violations, gross mismanagement, fraud, waste and abuse. 

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