The Whistleblower Protection Enhancement Act of 2012 (WPEA) is one of the latest and most important laws enacted to protect Civil Service and Foreign Service employees. Retaliation against whistleblowers is a prohibited personnel practice under civil service laws, and managers who retaliate may be subject to disciplinary action up to and including removal.
Protected whistleblowing is defined as disclosing information which the discloser reasonably believes to provide evidence of:
- A violation of law, rule, or regulation,
- Gross mismanagement,
- Gross waste of funds,
- An abuse of authority, or
- A substantial and specific danger to public health or safety.
A disclosure is protected even if the whistleblower is wrong, so long as the whistleblower reasonably believed the disclosure was correct. There is no legal requirement that a whistleblower report first through his or her chain of command, though it may be best to do so in some situations.
Managers sometimes mistakenly retaliate against employees who are not whistleblowers. The law protects these mistaken targets as well as whistleblowers.
Federal courts have concluded that whistleblower rights and remedies cannot be waived by any agreement, policy or condition of employment, including nondisclosure agreements.
Section 7(b) of the Inspector General Act of 1978, as amended, restricts OIG disclosure of the identity of Agency employees who provide information relating to fraud, waste, or abuse of Federal resources.
How to File Whistleblower Reprisal Complaints
If an adverse personnel action has been taken or threatened against you in reprisal for making a disclosure of wrongdoing within your component, to the OIG, or elsewhere, you may submit a complaint to the OIG Hotline or to the U.S. Office of Special Counsel. If you submit your complaint to the Hotline, the OIG will review it and let you know whether it is appropriate for the OIG to investigate or whether it should be referred elsewhere. Allegations of reprisal regarding equal employment opportunity (EEO) matters generally should be addressed through the EEO process.
Other Resources
The U.S. Office of Special Counsel (OSC) pamphlet “Know Your Rights When Reporting Wrongs” has more information on whistleblower rights and protections. The OSC website also has a number of informative videos.