FEDERAL-EMPLOYEES, TORTS, AND THE WESTFALL ACT OF 1988

What have been the implications of the 1988 Federal Employees Liabilit y Reform and Tout Compensation Act! The Westfall Act was passed in 198 8 to re-immunize federal workers from suits in common law tort, such a negligence. The act was passed to overturn a Supreme Court derision t hat caused a crisis affecting employees in all three branches of gover nment. 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 agains t an individual to one against the government and over whether judicia l review of this certification process is possible. Experience with th e law involves doctrines about legislative intent, delegation of power s, and exhaustion of administrative remedies. Far 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 care shou ld be heard-federal district court or a state court-and who the defend ant should be-the federal government or the federal employee.