The U.S. Court of Appeals for the Federal Circuit has affirmed a Merit Systems Protection Board decision that denied corrective action in a whistleblower retaliation claim brought by a former Department of the Interior auditor. The court issued its nonprecedential opinion in *McKinnis v. Department of the Interior* on Jan. 22, 2026.
Steven A. McKinnis worked as an auditor for the Interior Department's Office of Natural Resources Revenue from May 9, 2011, until his removal on Jan. 19, 2018. The agency terminated McKinnis for failure to demonstrate acceptable performance after what it characterized as a reasonable opportunity to improve.
The case centers on events that began in July 2016, when McKinnis received a letter of reprimand from his supervisor, Adrienne Tomlin. The reprimand cited two instances where McKinnis allegedly failed to provide accurate information to the agency. One instance related to his attempts to use leave under the Family and Medical Leave Act, while the second involved his efforts to adjust work-related travel plans.
Less than a week after receiving the reprimand, McKinnis filed a grievance against the agency. In his grievance, McKinnis alleged that the Interior Department was violating FMLA regulations and its own travel policies. He claimed that he received the letter of reprimand in retaliation for his protected whistleblower activities.
McKinnis subsequently brought his whistleblower retaliation claim before the Merit Systems Protection Board, seeking corrective action under federal whistleblower protection statutes. The MSPB, however, denied his request for corrective action, finding that McKinnis had not established the elements necessary for a successful whistleblower retaliation claim.
Unsatisfied with the board's decision, McKinnis petitioned the Federal Circuit for review. The Federal Circuit has jurisdiction over appeals from certain MSPB decisions, including those involving federal employee personnel actions and whistleblower claims.
In the Federal Circuit proceedings, McKinnis was represented by Katherine Lease of Alan Lescht and Associates, PC, along with Jennie Cathryne Blaine Watson. The Interior Department was represented by attorneys from the Justice Department's Commercial Litigation Branch, including Liridona Sinani, Elizabeth Marie Hosford, Patricia M. McCarthy, and Brett Shumate.
The three-judge Federal Circuit panel, consisting of Circuit Judges Dyk, Linn, and Hughes, heard oral arguments in the case. Circuit Judge Hughes authored the court's opinion affirming the MSPB's decision.
The court's ruling represents another challenge for federal employees seeking to prove whistleblower retaliation claims. Under federal law, employees who report wrongdoing are protected from retaliation, but they must meet specific legal standards to prove their cases. These standards typically require showing that the employee engaged in protected activity, suffered an adverse personnel action, and that there was a causal connection between the protected activity and the adverse action.
The timing of events in McKinnis's case—receiving a reprimand in July 2016 and filing a grievance less than a week later—suggests the dispute over whether his actions constituted protected whistleblowing activity and whether the agency's subsequent actions were retaliatory in nature.
Whistleblower protection laws are designed to encourage federal employees to report waste, fraud, abuse, and violations of law without fear of retaliation. However, courts have established rigorous standards for proving retaliation claims, requiring clear evidence of the causal connection between protected activities and adverse personnel actions.
The Federal Circuit's decision is marked as nonprecedential, meaning it will not serve as binding authority for future cases. Nonprecedential opinions are typically issued in cases where the court believes the legal principles are well-established and the decision does not create new legal precedent.
For McKinnis, the Federal Circuit's affirmance of the MSPB decision represents the final word in his administrative appeal process. The Supreme Court rarely grants certiorari in federal employment cases, making further appeal unlikely.
The case illustrates the ongoing challenges federal employees face when pursuing whistleblower retaliation claims. While federal law provides protections for employees who report misconduct, successfully proving retaliation requires meeting demanding evidentiary standards that can be difficult to satisfy.
The Interior Department's Office of Natural Resources Revenue, where McKinnis worked, is responsible for collecting and auditing revenues from federal natural resource extraction activities. The office plays a crucial role in ensuring that companies pay appropriate fees and royalties for extracting oil, gas, and minerals from federal lands.