No. 19-1332

Tonya Knowles v. Department of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2020-06-02
Status: Denied
Type: Paid
Response Waived
Tags: 5-usc-2302 5-usc-2302-(b)(8)-(9) agency-investigation agency-official burden-of-proof investigation prohibited-personnel-practice protected-disclosure retaliation retaliation-motive whistleblower whistleblower-protection
Key Terms:
ERISA Privacy
Latest Conference: 2020-09-29
Question Presented (AI Summary)

When an Employee makes a protected disclosure, regarding a Prohibited Personnel Practice which falls under statue 5 USC 2302(b)(8)-(9), against an agency official and or staff are the subjects of the protected disclosures allowed to initiate an investigation regarding the complaints made against them?

Question Presented (OCR Extract)

Questions Presented 1. When an Employee makes a protected disclosure, regarding a Prohibited Personnel Practice which falls under statue 5 USC 2302 (b)(8)-(9), against an agency official and or staff are the subjects of the protected disclosures allowed to initiate an investigation regarding the complaints made against them? 2. If an employee makes a protected disclosure against an agency official regarding how patient information is safeguarded and the subjects of the disclosure were investigated and placed on a Performance Improvement : Plan, The Office of Inspector General (OIG) verified findings of inadequate safeguards, and the Office of Special Counsel (OSC) acknowledged that patient information was not safeguarded according to the Agency’s protocol would that give an management official motive to retaliate? 3. Ifa whistleblower shows that there protected disclosures contributed to adverse actions does the agency bear the burden of showing that it would have acted in the same way even absent any whistleblowing? j

Docket Entries

2020-10-05
Petition DENIED.
2020-06-24
DISTRIBUTED for Conference of 9/29/2020.
2020-06-22
Waiver of right of respondent Dept. of VA to respond filed.
2020-03-18
Petition for a writ of certiorari filed. (Response due July 2, 2020)

Attorneys

Dept. of VA
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent
Tonya Knowles
Tonya Knowles — Petitioner
Tonya Knowles — Petitioner