Chuck Grassley
U.S. Sen. Chuck Grassley (R-IA) recently filed an amicus brief with the Department of Labor (DOL) calling on the agency to not weaken protections for whistleblowers in cases of retaliation against private-sector employees.
Whistleblower retaliation cases currently use a two-part test. After a whistleblower provides evidence that he or she was retaliated against, an employer must prove that action would have been taken against the employee regardless of whistleblower activities and provide clear evidence that there was no retaliation.
The DOL’s Administrative Review Board, however, is considering the case of Palmer v. Canadian National Railway/Illinois Central Railway Company. If the case is overturned, the two-part test would be merged into one part.
Grassley joined U.S. Sen. Ron Wyden (R-OR) and U.S. Rep. Jackie Speier (D-CA) in filing an amicus brief in the case urging the DOL not to weaken whistleblower retaliation protections by overturning the case.
“Time and again, we’ve seen whistleblowers face retaliation from within their own ranks for simply trying to correct failures or misconduct,” Grassley said. “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. 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.”
Grassley is the co-chair of the bipartisan Senate Whistleblower Protection Caucus and a co-author of the Whistleblower Protection Act of 1989.