The U.S. Court of Appeals for the Fourth Circuit just reversed the district court by reinstating a federal employee’s Civil Service Reform Act (CSRA) and Whistleblower Protection Act (WPA) claims.
In Bonds v. Leavitt, No. 09-2179 (4th Cir. Jan. 3, 2011), the plaintiff, an employee at NIH, raised concerns to her supervisor about certain experimental treatments for sickle cell anemia and then faced retaliation. The district court reasoned that since the plaintiff only complained to a supervisor instead of an outside office (such as the Inspector General), she could not state a WPA claim. However, the Fourth Circuit rejected that as impermissibly narrowing the scope of WPA claims, because this supervisor was not the individual responsible for the wrongdoing, and because the WPA does not require reporting to a person who had the ability to address the problem. Also, the Fourth Circuit found that since reporting these problems was not part of plaintiff’s job duties, her reports were covered by the WPA.
The Fourth Circuit remanded the case for trial on the CSRA and WPA wrongful termination/retaliation claims.