Whether after a prima facie retaliation for whistleblowing has been found under the Whistleblower Protection Enhancement Act of 2012, does the Agency's burden under the clear and convincing evidence standard in its affirmative defense have to consider the petitioner's rebuttals before substantive evidence can find the agency's personnel actions against the petitioner happened in the absence of his protected disclosures

QUESTION PRESENTED Whether after a prima facie retaliation for whistleblowing has been found under the Whistleblower Protection Enhancement Act of 2012 does the Agency’s burden under the clear and convincing evidence standard in its affirmative defense have to consider the petitioner’s rebuttals before substantive evidence can find the agency’s personnel actions against the petitioner happened in the absence of his protected disclosures.