|Federal “Title 42” Employees Granted Whistleblower Protection|
Washington, D.C., May 9, 2006. The United States Merit Systems Protection Board (MSPB) unanimously overturned the decision of an MSPB judge which had stripped all “Title 42” federal employees of their protections under the Whistleblower Protection Act (“WPA”). The MSPB ruling sets important national precedent ensuring that the thousands of Title 42 federal employees – many working in highly sensitive health and safety positions within the federal government – are fully protected under the whistleblower laws.
The case arose when Dr. Jonathan Fishbein, a high-ranking National
Institutes of Health’s Division of AIDS safety manager was terminated
after he disclosed serious violations of “Good Clinical Practices”
which are designed to protect human subjects who participate in
clinical trials concerning AIDS mediations. After his discharge, Dr.
Fishbein sought protection as a whistleblower. The Office of Special
Counsel and the MSPB judge threw out his case. In his November 9, 2004
decision, MSPB judge Raphael Ben-Ami, ruled that “Title 42 employees”
are not protected under the WPA.