Whistleblower Protections for Federal Employees
OSC’s Disclosure Unit (DU) serves as a safe conduit for the receipt and evaluation of whistleblower disclosures from federal employees, former employees and applicants for federal employment. 5 U.S.C. § 1213. In this capacity, DU receives and evaluates whistleblowing disclosures—which are separate and distinct from complaints of reprisal or retaliation for whistleblowing which are reviewed by OSC’s Complaints Examining Unit as a prohibited personnel practice.
The OSC disclosure process differs from other government whistleblower channels in at least three ways: (1) federal law guarantees confidentiality to the whistleblower; (2) the Special Counsel may order an agency head to investigate and report on the disclosure; and (3) after any such investigation, the Special Counsel must send the agency's report, with the whistleblower's comments, to the President and Congressional oversight committees.
As stated above, a whistleblower’s identity will not be revealed without their consent. However, in the unusual case where the Special Counsel determines there is an imminent danger to public health and safety or violation of criminal, the Special Counsel has the authority to reveal the whistleblower’s identity. 5 U.S.C. § 1213(h).
DU attorneys review five types of disclosures specified in the statute: violations of law, rule or regulation; gross mismanagement; gross waste of funds; abuse of authority; and substantial and specific danger to public health and safety. 5 U.S.C. § 1213(b). The disclosures are evaluated to determine whether or not there is sufficient information to conclude with a substantial likelihood that one of these conditions has been disclosed.
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