Ethics staff outlines how whistleblower retaliation claims are evaluated and investigated

Thomas McLean, a senior investigative analyst for the San Francisco Ethics Commission, told commissioners staff evaluates retaliation complaints under three legal elements: a protected act, an adverse employment action, and a causal link showing the protected act substantially motivated the employer’s conduct. McLean said staff typically begins intake by determining whether the complaint alleges an enumerated type of improper government activity and whether it was filed with a designated city agency, such as the controller’s whistleblower program, the district attorney, the city attorney, the complainant’s department or the Ethics Commission itself.

McLean described the types of adverse…