January 13, 1988court rulingfederal workforce policycivil liabilitytort lawlabor lawfederal workforcecivil liabilityjudicial power
Supreme Court rules federal workers personally liable for on-duty negligence in Westfall v. Erwin
The Supreme Court ruled unanimously in Westfall v. Erwin that federal civilian employees could be sued personally for on-the-job negligence unless they were performing a discretionary function, overturning prior judicial assumptions of absolute immunity. The case arose when Army civilian workers at an Alabama depot were sued by a co-worker injured in a chemical accident. Congress responded within ten months by passing the Westfall Act, substituting the federal government as defendant and protecting rank-and-file workers from personal liability for ordinary on-duty conduct.