Description
Federal Whistleblower Rights & OSC Disclosure Poster
Help federal employees understand their whistleblower rights and how to report government wrongdoing with the Federal Whistleblower Rights & OSC Disclosure Poster. This workplace rights poster provides information about protected whistleblower disclosures and the role of the U.S. Office of Special Counsel (OSC).
Federal whistleblower laws protect many employees who disclose certain types of government wrongdoing. The U.S. Office of Special Counsel provides a secure channel for covered federal employees, former employees, and applicants to disclose qualifying wrongdoing and protects many federal employees from prohibited personnel practices and whistleblower retaliation.
What Is a Federal Whistleblower?
A federal whistleblower is generally an employee, former employee, or applicant who discloses information that the individual reasonably believes shows certain types of government wrongdoing protected under federal law.
Whistleblowing can play an important role in identifying misconduct, protecting public resources, improving government accountability, and bringing serious health and safety concerns to the attention of appropriate authorities.
What Is the U.S. Office of Special Counsel?
The U.S. Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency responsible for protecting the federal merit system.
OSC's responsibilities include protecting covered federal employees from prohibited personnel practices, investigating whistleblower retaliation, providing a secure channel for disclosures of government wrongdoing, enforcing certain Hatch Act requirements, and protecting applicable employment and reemployment rights under USERRA.
What Is a Protected Whistleblower Disclosure?
Federal whistleblower protections can apply when an individual discloses information that the individual reasonably believes evidences:
- A violation of law, rule, or regulation
- Gross mismanagement
- A gross waste of funds
- An abuse of authority
- A substantial and specific danger to public health or safety
- Certain censorship related to scientific research or analysis
Whether a particular disclosure is legally protected depends on the circumstances, the individual's employment status, the information disclosed, and the federal law involved.
What Government Wrongdoing Can Be Reported to OSC?
OSC provides a confidential channel through which covered federal employees, former federal employees, and applicants can disclose certain types of government wrongdoing.
Examples of matters that may qualify for OSC's disclosure process include:
- Violations of federal laws, rules, or regulations
- Gross mismanagement of government programs
- Gross waste of federal funds
- Abuse of government authority
- Substantial and specific dangers to public health or safety
- Certain censorship of scientific research or technical information
Who Can Make a Whistleblower Disclosure to OSC?
OSC's jurisdiction generally covers many current federal employees, former federal employees, and applicants for federal employment in executive branch agencies.
Coverage is not identical throughout the federal government. Different laws, procedures, or agencies may apply to certain intelligence-community employees, military personnel, Postal Service employees, government corporations, federal contractors, and other categories of workers.
Individuals should determine whether OSC has jurisdiction over their employment and the matter they wish to report.
Federal Contractors and Private-Sector Employees
The U.S. Office of Special Counsel generally does not have prohibited personnel practice jurisdiction over employees of private-sector employers or federal contractors simply because the employer receives federal funding or performs federal contract work.
Federal contractors and private-sector employees may have whistleblower protections under other federal or state laws and should determine which agency or complaint process applies to their situation.
What Are Prohibited Personnel Practices?
Prohibited Personnel Practices (PPPs) are employment-related activities prohibited in the federal workforce because they violate merit system principles.
Federal law identifies multiple prohibited personnel practices, including certain forms of discrimination, retaliation, improper hiring practices, nepotism, violations of veterans' preference requirements, improper nondisclosure restrictions, and retaliation for protected whistleblowing or other protected activities.
Whistleblower Disclosure vs. Whistleblower Retaliation
A whistleblower disclosure and a whistleblower retaliation complaint are different matters.
An employee who wants to report government wrongdoing may use OSC's disclosure process when the matter falls within OSC's jurisdiction.
An employee who believes an agency official took, failed to take, or threatened a personnel action because of protected whistleblowing may instead have a prohibited personnel practice or whistleblower retaliation complaint.
Employees should use the OSC process that corresponds to the issue they are reporting.
How Can a Federal Employee Make a Disclosure to OSC?
Covered individuals can submit qualifying disclosures of government wrongdoing through the U.S. Office of Special Counsel's official filing system.
Individuals making a disclosure should provide specific and reliable information whenever possible. Helpful information may include:
- A clear description of the alleged wrongdoing
- The federal agency, office, program, or officials involved
- When and where the alleged wrongdoing occurred
- Applicable laws, rules, regulations, policies, or programs
- Names of individuals with relevant knowledge
- Supporting documents or other evidence when available
- An explanation of why the information demonstrates qualifying government wrongdoing
Confidentiality of Federal Whistleblower Disclosures
Federal law provides confidentiality protections for qualifying whistleblower disclosures made to OSC. OSC generally may not disclose the identity of a whistleblower without the individual's consent except in limited circumstances authorized by law.
Employees handling classified or otherwise protected information should follow applicable procedures for communicating that information and should not submit classified information through systems that are not authorized to receive it.
Can Federal Employees Be Retaliated Against for Whistleblowing?
Federal law prohibits covered agency officials from taking, failing to take, or threatening certain personnel actions because an employee made a protected whistleblower disclosure.
Potential personnel actions can include appointments, promotions, disciplinary actions, transfers, reassignments, performance evaluations, decisions concerning pay or benefits, and significant changes in duties, responsibilities, or working conditions.
Employees who believe they experienced retaliation should review the applicable OSC prohibited personnel practice complaint procedures rather than relying solely on the disclosure process.
Federal Employee Nondisclosure Agreements and Whistleblower Rights
Federal agencies may not implement or enforce certain nondisclosure policies, forms, or agreements without notifying employees that those restrictions do not supersede applicable whistleblower rights and lawful communications with Congress, Inspectors General, OSC, and other authorized recipients.
Employees should follow applicable requirements for classified, confidential, privacy-protected, or otherwise legally restricted information while exercising protected whistleblower rights.
Federal Agency Responsibilities
Federal agency heads and officials with personnel-management authority have responsibilities to prevent prohibited personnel practices and ensure that employees are informed about applicable whistleblower rights and remedies.
Federal agencies may use OSC training, posters, annual employee notifications, orientation materials, and other resources to help communicate these rights.
Are OSC Whistleblower Posters Required?
Federal agencies have statutory responsibilities to ensure employees are informed about prohibited personnel practices and applicable whistleblower rights and remedies. OSC's 5 U.S.C. § 2302(c) Certification Program provides agencies with a process for demonstrating compliance with these employee-education responsibilities.
Agencies participating in OSC's certification program are required to display applicable informational posters at agency facilities and make required information available to employees.
This Federal Whistleblower Rights & OSC Disclosure Poster is intended as a federal workplace rights and compliance resource. Federal agencies should verify that the notices they display satisfy current OSC requirements and should not rely on a supplemental commercial poster as a substitute for an official OSC notice when a specific official notice is required.
Federal Whistleblower Poster Specifications
- 8.5"W x 11"H
- Portrait orientation
- Printed in full color
- Laminated with high-quality laminate
- Federal workplace rights and whistleblower awareness poster
Federal Workplace Rights and Compliance Resources
Labor Law Compliance Center provides employers and organizations with federal and state labor law posters, federal contractor notices, workplace rights posters, specialty postings, and compliance resources throughout the United States. Browse our Federal Specialty Posters for additional federal whistleblower, employee rights, contractor, and workplace compliance notices.
