Duggan v. Department of Defense

Petitioner filed suit under the Whistleblower Protection Act against the Department of Defense, alleging that the Department took several adverse personnel actions against him in retaliation for his protected disclosures about misconduct at the Defense Contract Audit Agency (DCAA). The Ninth Circuit denied the petition for review of the Board's adverse decision. The panel considered all the Carr factors (Carr v. Social Security Administration, 185 F.3d 1318, 1323 (Fed. Cir. 1999)), and held that substantial evidence supported the Board's determination that the agency proved, by clear and convincing evidence, that it would have taken the same disciplinary action against petitioner in the absence of his whistleblowing activities. The panel also held that the administrative judge did not abuse its discretion by excluding witnesses, as well as documents and emails. View "Duggan v. Department of Defense" on Justia Law