The DC Court of Appeals Continues a Disturbing Trend

The decision today by the D.C. Court of Appeals in Rodriguez, et al. v. District of Columbia, et al., continues a disturbing trend in the D.C. judiciary of stripping the Whistleblower Protection Act (“WPA”) of all of its usefulness and protection for whistleblowers. The Court of Appeals has interpreted the WPA to make it virtually impossible for whistleblowers to prove that they blew the whistle and has read into the WPA an evidentiary bar so high as to be unachievable in nearly all cases. Through this decision, the Court has now read into the WPA a requirement that a whistleblower must produce to the Court concrete evidence of actual illegal conduct in order to be protected by the WPA. This was not the standard established by the D.C. Council when it drafted the WPA. Instead, in 2009, the D.C. Council amended the WPA because “recent decisions from local courts have diminished the law’s efficacy” and the Council found it necessary to remedy these “judicially created gaps.” With this and other recent decisions, the D.C. judiciary has once again taken away the protections that the Council intended. As a result, whistleblowers will remain silent, governmental abuse will go unchecked, and the District has been allowed to avoid liability for retaliating against three highly decorated Metropolitan Police Department Officers.

Click here to see the decision for yourself!

Posted September 17 2015 at 5:29 PM by Marinos Marinos | Permanent Link

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