Federal employees, torts and the Westfall Act of 1988
By: Lee, Robert D., Jr.
Material type:
ArticlePublisher: 1996Description: p.334-40.Subject(s): Civil service
In:
Public Administration ReviewSummary: What have been the implications of the 1988 Federal Employees Liability Reform and Tort Compensation Act? The Westfall Act was passed in 1988 to re-immunize federal workers from suits in common law tort, such as negligence. The act was passed to over-turn a Supreme Court decision that caused a crisis affecting employees in all three branches of government. The law accomplished its main purpose but also has led to a set of new issues. Federal courts are in disagreement over the process by which the attorney general may transform a suit from being one against an individual to one against the government and over whether judicial review of this certification process is possible. Experience with the law involves doctrines about legislative intent, delegation of powers, and exhaustion of administrative remedies. For both those bringing suits and those being sued, the process is frustrating in that extended delays may occur while the courts determine in what court a case should be beard - federal district court or a state court - and who the defendant should be - the federal government or the federal employee
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Articles
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Indian Institute of Public Administration | Volume no: 56, Issue no: 4 | Available | AR32396 |
What have been the implications of the 1988 Federal Employees Liability Reform and Tort Compensation Act? The Westfall Act was passed in 1988 to re-immunize federal workers from suits in common law tort, such as negligence. The act was passed to over-turn a Supreme Court decision that caused a crisis affecting employees in all three branches of government. The law accomplished its main purpose but also has led to a set of new issues. Federal courts are in disagreement over the process by which the attorney general may transform a suit from being one against an individual to one against the government and over whether judicial review of this certification process is possible. Experience with the law involves doctrines about legislative intent, delegation of powers, and exhaustion of administrative remedies. For both those bringing suits and those being sued, the process is frustrating in that extended delays may occur while the courts determine in what court a case should be beard - federal district court or a state court - and who the defendant should be - the federal government or the federal employee
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