The Whistleblower Protection Act, enacted in 1989, serves as a safeguard for federal government employees in the United States. It ensures that these employees are shielded from any form of retaliation when they voluntarily expose dishonest or illegal activities taking place within government organizations. This law, commonly referred to as the WPA, also prohibits federal agencies from reprimanding or threatening employees or applicants who disclose information that they believe violates a law, compliance rule, or regulation. Such information can include reports of management misconduct, financial mismanagement, abuse of authority, or potential risks to public health and safety.
The Office of Special Counsel (OSC), an agency of the U.S. government, holds jurisdiction over allegations of retaliation against federal whistleblowers and conducts investigations into such complaints. Its primary role is to ensure that federal employees who come forward with disclosures are protected from retaliation.
A whistleblower, as defined within the WPA, is an individual who discovers activities that may be illegal, unethical, or inappropriate and then proceeds to report these actions to authorities or makes them known to the public, such as through news outlets. Whistleblowers can be found in both the public and private sectors, including employees working for local, state, and federal governments, as well as nonprofit organizations and for-profit companies. While many states have their own whistleblower laws, the Whistleblower Protection Act specifically applies to those within the federal government.
The protection of whistleblowers in the United States has a long history, with some tracing it back to a law passed by the Continental Congress in 1778 during the American Revolutionary War. This law offered protection to individuals who exposed the mistreatment of British prisoners by a Continental Navy commodore. Over the centuries, other federal laws and constitutional rights, such as the First Amendment right to free speech, have provided varying levels of protection for whistleblowers. However, the WPA was enacted in 1989 with the specific aim of better safeguarding the rights of federal employees and preventing reprisals, aiming to eliminate wrongdoing within the government.
The Whistleblower Protection Act covers not only current federal employees but also former employees and individuals applying for federal government positions. Under the act, federal employees can report misconduct directly to the Office of the Special Counsel. Misconduct can include violations of laws, rules, or regulations, gross mismanagement, wastage of funds, abuse of authority, or any substantial and specific threat to public health or safety. The OSC does not investigate the claims itself but assesses their credibility based on reliable firsthand knowledge of the reported misconduct. If the OSC determines the likelihood of wrongdoing, the claim is forwarded to the appropriate regulatory or governing agency for further investigation. The investigating agency must respond to the OSC within 60 days.
In cases where whistleblowers face retaliatory actions, the WPA allows them to report these acts to the Office of the Special Counsel, which conducts further investigations into the charges. However, it is important to note that the Whistleblower Protection Act doesn’t cover all federal workers and doesn’t extend to employees of federal contractors or military members. Furthermore, employees of federal intelligence agencies like the CIA and FBI do not have the same level of protections and processes that the WPA provides to other federal workers.
In 2012, Congress passed the Whistleblower Protection Enhancement Act to strengthen the protections offered to federal whistleblowers. These additional protections clarified the extent of protected disclosures, provided enhanced remedies for individuals subjected to retaliatory actions, and required agencies to educate their employees about their rights. Additionally, other laws enacted in the 2000s, such as the Dodd-Frank Act, Sarbanes-Oxley Act, and the Department of Veterans Affairs’ Office of Accountability and Whistleblower Protection, offer further protections for individuals who act as whistleblowers.
In conclusion, the Whistleblower Protection Act and subsequent legislation ensure that federal government employees in the United States are protected when they report dishonest or illegal activities. These laws aim to safeguard the rights of whistleblowers and prevent retaliation, thereby facilitating the elimination of wrongdoing within government organizations.