MSPB Moment: Whistleblower Appeals & Hostile Work Environment

Posted on: January 10th, 2017

Tommie G. Savage, a Contract Specialist with the U. S. Army Engineer and Support Center in Huntsville, Alabama, reported what she believed to be illegal and improper contracting activities beginning in late 2006.  Her concerns were validated by a subsequent audit in 2007.  In 2008, she made additional disclosures about alleged violations of the Federal Acquisition regulations.  In 2009, she filed an EEO complaint for hostile work environment. She was terminated for AWOL, excessive absences, and unavailability to report for duty in 2009, and filed an EEO complaint.  In 2011, the Agency issued a final agency decision and she filed a timely appeal.  She requested and received a dismissal without prejudice to file a whistleblowing retaliation complaint pursuant to the Whistleblowing Protection Act (WPA) with the Office of Special Counsel (OSC), and included a claim of hostile work environment.

The Merit Systems Protection Board held that “the creation of a hostile work environment is itself a personnel action for purposes of the WPA.”  Savage v. Dept. of the Army, 122 MSPR 612 , ¶ 23 (2015).

MSPB attorneys of Kitchens, New, Cleghorn LLC can help your case before the Merit Systems Protection Board. Contact us today.