1. “Whether the Federal Circuit improperly heightened the ‘contributing factor’ standard established by 5 U.S.C. § 1221(e)(1) by effectively requiring direct proof that a deciding official admitted knowledge of protected whistleblowing, contrary to Congress’s intent that causation may be established through circumstantial evidence.”
2. “Whether the Federal Circuit erred in affirming the Merit Systems Protection Board’s rejection of an Administrative Judge’s credibility findings without requiring meaningful consideration of contradictory record evidence and witness impeachment.”
3. “Whether the Federal Circuit’s decision improperly nullifies the Whistleblower Protection Act’s statutory burden-shifting framework by resolving disputed issues of causation at the prima facie stage, thereby preventing application of the agency’s statutory burden to establish by clear and convincing evidence that it would have taken the same personnel actions absent the protected disclosures.”
