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Federal Circuit Holds that Whistleblower Protection Act Plaintiff Need Not Prove Actual Violation of Law

In Kahn v. Dep’t of Justice, the Federal Circuit, relying on the Drake decision, held that a WPA plaintiff need not demonstrate that he blew the whistle on an actual violation of law:

We reiterate, however, that “[t]he test is not whether [the petitioner] was able to prove [a violation], but rather could a disinterested observer with knowledge of the essential facts known to and readily ascertainable by [the petitioner] reasonably conclude . . . that a violation did occur.” Drake, 543 F.3d at 1382 (alterations added).

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