KNOW YOUR RIGHTS WHEN REPORTING WRONGS

Whistleblower disclosures can save lives as well as billions of taxpayer dollars. They play a critical 

role in keeping our government honest, efficient and accountable. Recognizing that whistleblowers 

root out waste, fraud and abuse, and protect public health and safety, federal laws strongly 

encourage employees to disclose wrongdoing. Federal laws also protect federal employees from 

retaliation.

The U.S. Office of Special Counsel (OSC) plays an important role in helping whistleblowers. OSC 

is an independent agency that protects federal employees from “prohibited personnel practices,” 

including whistleblower retaliation and unlawful hiring practices, such as nepotism. OSC also 

provides an independent, secure channel for disclosing and resolving wrongdoing in federal 

agencies. This guide provides a summary of whistleblower protections and avenues available to 

employees to disclose wrongdoing. For more information, please visit OSC’s website at

www.osc.gov.

Disclosures of Wrongdoing

Where can I report wrongdoing?

Current and former federal employees and applicants (henceforth “federal employees”) can report 

on any of the following types of wrongdoing:

• a violation of any 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, or

• censorship related to scientific research if censorship meets one of the above-listed categories.

Federal employees have many options on where to disclose wrongdoing, including but not limited 

to, making disclosures to supervisors or someone higher up in management; the agency’s Inspector 

General (IG); OSC; or, Congress. For whistleblower disclosures involving classified national 

security information or other information protected from public release by law (e.g. patient privacy 

information), whistleblowers must use confidential channels such as an IG, OSC, or Congress in 

order to be protected from adverse personnel actions related to their disclosures.

OSC also has jurisdiction to protect federal employees at most agencies from retaliation for 

filing an appeal, complaint, or grievance; helping someone else file or testifying on their behalf; 

cooperating with or disclosing information to the Special Counsel, an Inspector General, or a 

component responsible for internal investigations/reviews; or, refusing to obey an order that 

violates a law, rule or regulation.
Yes. Probationary employees have the same right to file disclosures or prohibited personnel 

practice complaints with OSC as do most current federal employees, former federal employees, 

or applicants for federal employment. Note- except for appeals alleging retaliation after first 

filing a complaint with OSC, probationary employees generally do not have the right to appeal 

personnel actions to the Merit Systems Protection Board (MSPB).

Can I keep my identity confidential?

Yes. Most Inspectors General have hotlines that allow employees to make confidential disclosures. 

Inspectors General are prohibited from disclosing an employee’s identity unless the IG determines 

that disclosure is unavoidable or is compelled by a court order. If you file a disclosure with OSC, 

your identity will not be shared outside of OSC without your consent. However, OSC may disclose 

your identity only if OSC determines that it is necessary because of an imminent danger to public 

health or safety or an imminent violation of any criminal law.

What will OSC do once I make a disclosure?

When a federal employee discloses wrongdoing to OSC, OSC evaluates the information and 

interviews the federal employee. OSC determines whether it is substantially likely that the 

employee’s allegation – or any portion of it – can be proven and whether it discloses a violation of 

a law, rule, or regulation; gross mismanagement; a gross waste of funds; an abuse of authority; or 

a substantial and specific danger to public health or safety. If it meets that standard, OSC will 

require the agency to investigate and submit a report of the agency’s findings to OSC. The 

whistleblower then has an opportunity to comment on the agency report. Those comments, 

together with any comments or recommendations by the Special Counsel, are sent with the agency 

report to the President and congressional oversight committees. The agency report is usually made 

available to the public.

Prohibited Personnel Practices

Are whistleblowers protected from retaliation?

Yes. The Civil Service Reform Act and whistleblower protection laws prohibits retaliation. 

Retaliation for whistleblowing is one of fourteen prohibited personnel practices. Protection from 

whistleblower retaliation means it is unlawful for agencies to take, threaten to take, or fail to take

a personnel action because the employee disclosed six categories of government wrongdoing (listed 

on page 1). Personnel actions can include actions such as poor performance reviews, demotions, 

suspensions, or terminations.

However, disclosures of information specifically prohibited by law or required by Executive Order 

to be kept secret are protected only when made to an OIG, OSC, or certain individuals within 

Congress. Additionally, federal law establishes that a federal employee has the right to 

communicate with and provide information to Congress.

What can you do if you believe retaliation occurred?

If you believe that an agency has retaliated against you because of your whistleblowing or 

because you engaged in protected activity such as disclosing information to an Inspector 

General, you can:

Can probationary employees file complaints with OSC?
Note that a federal employee may choose only one of these three options when appealing a 

significant personnel action.

What relief is available to an employee who has suffered retaliation?

Many forms of relief are available. They include job restoration, reversal of suspensions and other 

adverse actions, back pay, reasonable and foreseeable consequential damages, such as medical 

costs, attorney fees, and compensatory damages. In addition, damages may be awarded for 

attorney fees and expenses incurred due to retaliation.

Can OSC delay a personnel action while the matter is investigated?

Yes. An individual may ask OSC to delay, or “stay,” an adverse personnel action pending an 

investigation. OSC will consider requesting a delay of a personnel action if OSC has reasonable 

grounds to believe that a prohibited personnel action was taken and, absent a stay, the employee 

will be subjected to immediate and substantial harm, such as removal, suspension for more than 

14 days, or geographic reassignment.

How can OSC remedy a prohibited personnel practice?

Federal employees may report suspected prohibited personnel practices (PPPs) to OSC. Their 

complaint will be investigated. If there is sufficient evidence to prove a violation, OSC can seek 

corrective action, disciplinary action, or both. Alternatively, parties in selected cases may agree to 

mediate their dispute in order to reach a mutually agreeable resolution of the complaint. OSC may 

attempt to resolve a case with an agency at any stage. If an agency refuses to provide corrective 

action, then OSC can take the case to the MSPB. The MSPB can order the agency to take corrective 

action. Such litigation begins with the filing of a petition by OSC that alleges there are reasonable 

grounds to believe a prohibited personnel practice occurred, is occurring, or is imminent.

Can a manager be held accountable for retaliating against a federal employee?

Yes. OSC may seek disciplinary action against any employee who commits a prohibited personnel 

practice. If an agency fails to take disciplinary action, then OSC can bring a disciplinary action 

case to the MSPB against the employee who committed the prohibited personnel practice. If the 

MSPB finds that an individual has committed a PPP, it can order disciplinary action, including

removal, reduction in grade, debarment from federal employment for up to five years, suspension, 

reprimand, or a fine of up to $1,000. Additionally, new statutory provisions impose a minimum 

proposed penalty for supervisors that commit violations of 5 U.S.C. § 2302(b)(8), (b)(9), or (b)(14).

Can appeals of PPP complaints be filed with the MSPB?

 

Retaliation Claims – Individual Right of Action (IRA) Appeals

Under some circumstances, employees may file appeals of PPP complaints with the MSPB. 

Employees may file what is called an IRA appeal with the MSPB for any personnel action taken, 

not taken, or threatened because of retaliation for whistleblowing or for engaging in protected 

• file a complaint with OSC, which may seek corrective or disciplinary action when warranted;

• file a union grievance; or

• if you have been subject to a significant personnel action, you can file an appeal with 

the MSPB (www.mspb.gov) and assert retaliation (or any other prohibited personnel 

practice) as a defense.
activity, such as filing an Office of Inspector General complaint. More information on the right to 

file an IRA may be found at 5 U.S.C. § 1221(a). However, before filing an IRA appeal with the 

MSPB, employees must file a retaliation PPP complaint with OSC, requesting an investigation.

Can other types of appeals involving PPPs be filed with the MSPB?

Appeals of Significant Adverse Actions – Affirmative Defense

Yes. Employees may raise one or more of the 14 PPPs as a defense to a significant adverse action 

with the MSPB. However, the employee must elect whether to file a PPP complaint with OSC, file 

an appeal of the significant adverse action with the MSPB, or file a grievance with the union. The 

list of significant adverse actions may be found at 5 C.F.R. § 1201.3. If the employee elects to raise 

a PPP as a defense to a significant adverse action with the MSPB, such an appeal is called an 

“affirmative defense” to the agency’s personnel action and the MSPB will determine if the action 

that was taken was based on any of the 14 PPPs described in section 2302(b) of Title 5 of the U.S. 

Code.

For more information on MSPB appeal rights, go to www.mspb.gov.

 

For more information on prohibited personnel practices (PPPs), including retaliation, go to www.osc.gov/ppp.

To learn more about filing a whistleblower disclosure with OSC, go to www.osc.gov/disclose.

To file a PPP complaint or whistleblower disclosure with OSC, go to www.osc.gov/efile.

U.S. Office of Special Counsel

1730 M Street, N.W., Suite 218 | Washington, D.C. 20036

Phone: (202) 804-7000 | Toll Free: 1-800-872-9855

TTY: 1-800-877-8339 | Email: info@osc.gov

www.osc.gov Rev. 04/18