1. Helen Troy is a nurse/social worker at the Federal Government's Veteran's Administration (VA) Hospital in Tulsa, Oklahoma.She is a born again Christian, and her religious beliefs require her to evangelize to others. She works in the critical care unit, where all the patients are seriously ill. Her job is to take care of these patients. In addition, she is to provide support and assistance to their families. Oftentimes, she finds herself spending a good deal of time with these patients or their families and discussing many non-medical issues, including politics, theater, and current events.

Nurse Helen also feels it is especially important to engage the patients in discussions of their spiritual beliefs, and to encourage them to consider accepting Jesus as their personal Savior. Nurse Helen is currently working with Janet, a terminally ill patient. Nurse Helen is generally persistent with all her patients but always polite and provides patients with Biblical tracts upon request. None of the patients or any family members have ever complained.

One of Nurse Helen's fellow nurses/social workers, Patricia Sanders, recently saw and overheard Nurse Helen talking to Patient Janet and sharing her religious views, while Janet was awake and resting quietly in her bed. Patient Janet raised her hand as if she were gesturing for Helen to stop talking and then quietly uttered the word "enough", but Helen ignored Janet and continued to evangelize and share her religious views about the afterlife. On another day Patricia also observed Helen handing out a brochure to Janet's family member about her religious beliefs and saw her handing the family member a brochure from her church which he respectfully declined. Helen said nothing more. Patricia was upset about Helen's actions actions and sent a written complaint to the Head of the VA Hospital. The Hospital informed Helen of the factual allegations against her, informed her that they were investigating the matter and directed Helen to stop discussing her religious beliefs with patients and their families while the allegations were ongoing. In response, Helen advised the hospital that her religion requires her to witness to non-believers and that she will not stop her activities. The Hospital fires her for her communications with patient Janet, handing out the brochure to Janet's family member, and for insubordination. Helen files a complaint alleging a violation of her rights to exercise her religion under the First Amendment.

1. Explain in detail Helen's First Amendment argument, the government's defense to Helen's argument, who you think will prevail and why. You are encouraged to rely upon the Guidelines on Religious Expression and Religious Freedom in the Federal Workplace in addition to any other material you wish to rely upon that was discussed in class. (Assume that the government followed appropriate due process procedures and focus only on the First Amendment issues. Further, there is no need to discuss the Religious Freedom Restoration Act).

(For question b) Patricia also reported to management:

Nurse Helen was falsely signing out Percocet and Vicodin drug prescriptions under patients' names, and then taking the drugs, intended for at least a dozen patients who didn't receive them, and acquired 26 blank prescriptions meant for incoming patients that she filled for Percocet and Vicodin at area pharmacies for herself.

Patricia's report was based on her personal observations of Helen signing out drugs and placing them in her pockets. Patricia also presented reliable written documentation, that the drugs were not actually dispensed to Helen's patients in violation of required hospital procedures.

1. Explain in detail whether Patricia is a whistleblower.

(For question c) Six months after reporting Helen as described above, Patricia applies for and does not receive a promotion to a Supervisory Nurse position. She was confident she would be selected given her 15 years of nursing experience and consistent record of Outstanding performance appraisals. Joe, the selecting official who made the decision not to promote Patricia, is a known friend of Helen. He alleges that Patricia did not do well in the interview, and lacked enthusiasm for the job, but he does not have notes of the interview and he cannot recall Patricia's specific responses to his questions. Patricia thought the interview went very well and all her responses to Joe's questions were excellent. The individual who was promoted had never reported any wrongdoing, has 5 years of nursing experience and a record of good appraisals but not Outstanding appraisals.

1. Explain in detail what Patricia would have to show to prove whistleblower retaliation, and what the government would have to prove, to defend against an allegation of whistleblower retaliation. Who do you think will prevail and why? Case Whitmore v. Department of labor