Whistleblower Complaint

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7^th Circuit Court of Appeals

Case Name: DuPage Regional Office of Educ v. United States Department of Education

Case No.: 21-3339

Officials: Sykes, Chief Judge, Ripple, and Kirsch, Circuit Judges.

Focus: Whistleblower Complaint

In September 2020, Sanchez filed a whistleblower complaint with the United States Department of Education’s Office of the Inspector General (“OIG”) against his former employer, DuPage Regional Office of Education (“DuPage”). Sanchez alleged that, after he made two protected disclosures to DuPage, he suffered five reprisals in violation of § 828 of the National Defense Authorization Act of 2013, 41 U.S.C. § 4712.

The OIG investigated Sanchez’s complaint, determined his claims to be unsubstantiated, and submitted a report to the Department for a final agency decision. On October 21, 2021, an administrative law judge (“ALJ”) in the Department’s Office of Hearings and Appeals determined, contrary to the findings of the OIG, that Sanchez was entitled to relief for all five alleged reprisals. The ALJ ordered DuPage to pay Sanchez compensatory damages in the amount of $210,000. DuPage filed a petition for review of the ALJ’s order as authorized by 41 U.S.C. § 4712(c)(5). The court held that DuPage did not establish that it was entitled to sovereign immunity from the Department’s adjudication of Sanchez’s whistleblower complaint. On the merits, the court concluded that the actions described by Sanchez were not retaliatory.

Vacated and Remanded.

Decided 01/23/23

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