Political Quotes

“The Senator from Iowa is correct. Remedies in S. 372 provide relief for the consequences of preliminary retaliatory investigations when an employee prevails in litigation against a prohibited personnel practice. This provision does not in any way reduce or eliminate jurisdiction to challenge a retaliatory investigation before a formal personnel action occurs. In legislative history for 1994 amendments to the Whistleblower Protection Act, Representative McCloskey stated that alleged harassment can be a threatened personnel action if it "is discriminatory, or could have a chilling effect on merit system duties and responsibilities." Congress specifically included retaliatory investigations initiated because of protected activity among the illustrations for "threatened personnel actions," because they can be "preludes or preconditions to" the entire list of formal personnel actions in section 2302(a)(2) of title 5. Jurisdiction to challenge retaliatory investigations as threatened personnel actions has been upheld repeatedly. The Office of Special Counsel also has used this authority to avoid the need for prolonged, costly litigation while employees are off the job from subsequent termination.”