Description
Federal Whistleblower Retaliation & OSC Rights Poster
Help federal employees understand their whistleblower protections with the Federal Whistleblower Retaliation & OSC Rights Poster. This federal workplace rights poster provides information about protections against retaliation, prohibited personnel practices, protected whistleblower disclosures, and the role of the U.S. Office of Special Counsel (OSC).
Federal employees, former federal employees, and applicants for federal employment may have legal protections when they disclose certain types of government wrongdoing or engage in other activities protected by federal whistleblower laws.
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 safeguarding the federal merit system.
OSC's responsibilities include protecting federal employees and applicants from prohibited personnel practices, investigating whistleblower retaliation, providing a secure channel for certain disclosures of government wrongdoing, and enforcing other federal workforce laws within its jurisdiction.
What Is Federal Whistleblower Retaliation?
Federal whistleblower retaliation can occur when an authorized official takes, fails to take, or threatens to take or fail to take a personnel action because an employee or applicant made a protected whistleblower disclosure or engaged in another protected activity.
Federal law prohibits covered personnel actions when they are taken because of legally protected whistleblowing or other protected activity.
What Is a Protected Whistleblower Disclosure?
Under applicable federal whistleblower law, a protected disclosure can include information that an employee reasonably believes shows:
- 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
Federal law also protects certain other disclosures and activities depending on the circumstances and applicable statute.
What Are Prohibited Personnel Practices?
Prohibited Personnel Practices (PPPs) are employment-related actions that federal officials are prohibited from taking under federal civil service law.
Whistleblower retaliation is one type of prohibited personnel practice. Depending on the circumstances, personnel actions can include:
- Appointments
- Promotions
- Disciplinary or corrective actions
- Transfers
- Reassignments
- Performance evaluations
- Decisions concerning pay or benefits
- Significant changes in duties or responsibilities
- Significant changes in working conditions
- Other covered federal personnel decisions
What Other Activities Can Be Protected?
Federal employees can also receive protection against retaliation for certain activities other than making a whistleblower disclosure.
Depending on the circumstances, protected activity can include:
- Filing a whistleblower complaint
- Filing certain grievances or appeals
- Cooperating with or providing information to an Inspector General
- Assisting another employee in exercising protected rights
- Participating in certain investigations or proceedings
- Exercising rights provided under applicable federal whistleblower laws
Who Is Protected by Federal Whistleblower Laws?
The Whistleblower Protection Act and related federal laws protect many current federal employees, former federal employees, and applicants for federal employment.
Coverage is not identical throughout the federal government. Certain agencies, intelligence-community employees, military personnel, Postal Service employees, government corporations, and other categories may be subject to different whistleblower protections, procedures, or jurisdictional rules.
Employees should determine which whistleblower law and complaint process applies to their particular agency and employment status.
How Can a Federal Employee Report Whistleblower Retaliation?
Federal employees who believe they have experienced a prohibited personnel practice, including whistleblower retaliation, may be able to file a complaint with the U.S. Office of Special Counsel.
A retaliation complaint should provide information explaining:
- The protected disclosure or activity
- When the protected disclosure or activity occurred
- Who knew about the protected activity
- The personnel action taken, threatened, or withheld
- When the personnel action occurred
- Why the employee believes the personnel action was connected to the protected activity
- Relevant communications, documents, witnesses, or other supporting information
Whistleblower Retaliation Complaint vs. Disclosure of Government Wrongdoing
A whistleblower retaliation complaint and a disclosure of government wrongdoing are different processes.
An employee who believes a federal agency retaliated against them for protected whistleblowing may file a prohibited personnel practice complaint with OSC.
An employee who wants to disclose government wrongdoing may use OSC's separate whistleblower disclosure channel when the matter falls within OSC's jurisdiction.
Employees should use the process appropriate for the issue they are reporting.
What Government Wrongdoing Can Be Disclosed to OSC?
OSC provides a secure disclosure channel for covered federal employees, former federal employees, and applicants who have reliable information concerning certain government wrongdoing.
Qualifying disclosures can include information concerning:
- Violations of law, rule, or regulation
- Gross mismanagement
- Gross waste of funds
- Abuse of authority
- Substantial and specific dangers to public health or safety
- Certain censorship related to scientific research
What Can OSC Do About Whistleblower Retaliation?
OSC can investigate allegations of prohibited personnel practices within its jurisdiction. When OSC determines that corrective action is appropriate, it may seek relief intended to place an employee as nearly as possible in the position the employee would have occupied without the prohibited retaliation.
Depending on the circumstances and applicable law, corrective action can involve remedies such as:
- Reinstatement
- Back pay
- Restoration of benefits
- Correction of personnel records
- Reversal or modification of improper personnel actions
- Other corrective relief authorized by law
OSC may also seek disciplinary action against federal officials who commit prohibited personnel practices when authorized by applicable law.
Federal Whistleblower Rights and the Merit Systems Protection Board
Depending on the personnel action and applicable whistleblower law, certain federal employees may also have rights involving the Merit Systems Protection Board (MSPB).
Federal employees should carefully evaluate applicable procedures before selecting a remedy because filing with OSC, filing an MSPB appeal, or using a negotiated grievance procedure can affect which process is available for a particular claim.
Is an OSC Whistleblower Retaliation Poster Required?
Federal agencies have responsibilities to inform employees about prohibited personnel practices and federal whistleblower protections. Specific notice, training, and certification obligations can depend on the agency and applicable federal requirements.
This Federal Whistleblower Retaliation & OSC Rights Poster is intended as a federal workplace rights and compliance resource. Organizations should determine whether this particular poster or an official OSC notice is required for their agency, office, contract, or workforce.
The poster does not replace official OSC notices, required federal employee training, agency whistleblower policies, complaint procedures, or other applicable federal workforce requirements.
Keep Federal Whistleblower Information Current
Federal whistleblower protections, OSC procedures, forms, agency jurisdiction, and employee rights can change. Federal agencies and employees should use current U.S. Office of Special Counsel guidance when evaluating whistleblower disclosures, retaliation complaints, or prohibited personnel practices.
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 workplace rights, whistleblower, contractor, and compliance notices.
