Whistleblowing

Federal government employees have the right to report misconduct (known as “whistleblowing”) without facing retaliation at work. In most cases, you can choose to report wrongdoing either to people outside the government, such as to the media or a non-profit organization, or to people inside the government.

This page provides a summary of the laws protecting federal employee whistleblowing. For detailed information, consult the resources listed at the bottom of this page, which include guides from the federal government itself and from experts in whistleblowing.

This page covers the following topics:

  1. What laws protect federal employee whistleblowers?
  2. What counts as whistleblowing?
  3. Which federal workers can engage in whistleblowing?
  4. Where can I report government wrongdoing?
  5. Practical tips for reporting government wrongdoing to Congress or the media
  6. What can I do if I believe I’ve been a victim of retaliation for whistleblowing?
  7. Resources for more detailed information

The information on this page is current as of March 25, 2018. If a link on this page has stopped working, you may be able to access the link through a “perma link” we created, which you can find at the bottom of this page.

  1. What laws protect federal employee whistleblowers?

A federal law known as the Whistleblower Protection Act, passed in 1989 and expanded in 2012, allows federal employees to report government wrongdoing without facing retaliation. As described below, this law covers most federal employees. If you work in an agency not covered by the Whistleblower Protection Act, you may be protected by other laws, regulations, or policies.

The government’s Office of Special Counsel is an independent federal agency that investigates possible violations of the Whistleblower Protection Act. As described below, a federal employee can file a complaint with the Office of Special Counsel if he or she has been a victim of retaliation. The Office of Special Counsel has created a poster describing the Whistleblower Protection Act and the Office’s role in enforcing it. In addition, the Office of Special Counsel has published a detailed guide with information about the Whistleblower Protection Act and the Office’s role in enforcing it. And experts in federal employee whistleblowing protection have provided a shorter summary here.

Although federal government contractors are not protected by the Whistleblower Protection Act, they may be protected by other laws (see 41 USC 4712, 41 USC 4705, and the False Claims Act, 31 USC 3729).

Aside from whistleblower protection laws, federal government employees also have free speech rights under the First Amendment to the U.S. Constitution, which covers certain types of reports of government wrongdoing. We discuss the First Amendment on a separate page.

  1. What counts as whistleblowing?

Under the Whistleblower Protection Act, the following types of reports of wrongdoing are classified as protected whistleblowing.

  • What types of wrongdoing can I report?
    • A government violation of any law, rule, or regulation.
    • Serious mismanagement or waste of funds.
    • Arbitrary action by a government official that personally benefits the official or people preferred by the official.
    • For a more complete description of these categories and others covered by the Whistleblower Protection Act, refer to this guide at pages 13-15.
  • Other requirements
    • In most cases, government wrongdoing can be reported to anyone. But in certain cases, a federal employee may lose protection if he or she reports outside the government. We address this issue in a separate section below.
    • The disclosure can be made either on or off duty.
    • The disclosure can be made no matter how much time has passed since the occurrence of the government wrongdoing.
  1. Which federal workers can engage in whistleblowing?

Most federal employees are protected by the Whistleblower Protection Act. The act covers employees of all federal agencies with limited exceptions. A list of exceptions is included on pages 11-12 of this guide.

In many cases, if an agency is not covered by the Whistleblower Protection Act, it is covered by other laws or policies that protect whistleblowers. If you are not sure if your agency is covered by whistleblower protection laws or policies, you should consult the agency’s website, which usually addresses the issue. You can start with a google search for the name of your agency plus “whistleblowing” or “OIG”. (Most agencies have an Office of Inspector General, or OIG, responsible for investigating waste, fraud, and abuse.)

Employees of various national security and intelligence agencies (including the FBI) are not covered by the Whistleblower Protection Act, but are often covered by other laws or policies.

The same is true for employees of government corporations such as the U.S. Postal Service. (See a list of government corporations on page 18 of this report.)

Federal government contractors are not covered by the Whistleblower Protection Act, but are often covered by other laws (see 41 USC 4712, 41 USC 4705, and the False Claims Act, 31 USC 3729).

  1. Where can I report government wrongdoing

In most cases, you can report government wrongdoing to anyone—including people outside the government—and receive protection under whistleblower protection laws. For example, you can report to a congressional committee, a newspaper, or a non-profit organization. We provide more information below about how to report information to the media and to Congress.

In addition, you can always report government wrongdoing to the Office of Special Counsel, the independent federal agency that oversees protection of federal government whistleblowers. The Office of Special Counsel has a whistleblower disclosure hotline listed here.

In certain cases, there is a narrower set of places where you can report information in order to maintain protection from retaliation. This restriction applies when your report includes information that is classified or otherwise prohibited from disclosure by federal law or executive order. You can find more information on these situations on pages 17-21 of this guide from the Office of Special Counsel. In these unusual circumstances, you can still report government wrongdoing to the Office of Special Counsel or to your agency’s inspector general.

  1. Practical tips for reporting government wrongdoing to Congress or the media.

Congress

You can report information to members of Congress or to Congressional committees.

This page will help you find contact information for a member of the House of Representatives. This page will help you find contact information for a member of the Senate.

The House Committee for Oversight and Government Reform has a page for submitting information.

The Senate Committee on Homeland Security & Government Affairs provides whistleblower email addresses for its leading Republican and Democratic members.

Media

Here are some practical tips for reporting government wrongdoing to the media.

  • How to find a reporter:
    • Try a google news search to identify reporters who have previously written about your agency or about issues related to the information you want to disclose. Reporters with relevant experience will be most willing and able to pursue the lead.
  • Establishing contact:
    • After identifying a reporter, you can first reach out to the reporter for an initial conversation or exchange of messages to determine if you are comfortable working together and figure out a process to provide the reporter with more information. Use a non-governmental device and account to contact the reporter. Some media organizations suggest using a means of communication such as a temporary phone, pay phone, or encrypted digital communications tool.
  • Initial contact:
    • Remember that reporters often receive a lot of tips and must decide where to focus their resources. Consequently, when making initial contact, you should aim to provide enough information to provide a sense of your credibility and what kind of information you have. Reporters may also prioritize speaking with sources who provide their name and contact information, though you can ask the reporter to keep that information secret.

Here are some resources on reporting government wrongdoing to the media:

 

  1. What can I do if I believe I’m a victim of retaliation for whistleblowing?

It is illegal for the government to retaliate against you for protected whistleblowing, including any of the following actions: terminating you; suspending you; demoting you or denying you a promotion; forcing you to accept a detail, transfer, or reassignment; giving you a poor performance evaluation; reducing your pay or grade; or, reprimanding you.

It is also illegal for the government to threaten to take any of these actions in retaliation for protected whistleblowing.

If you suffer retaliation for protected whistleblowing, there are different processes you can use to force the government to comply with the law, undo its retaliatory action, and compensate you for lost pay and other damages.

The processes described below are available to federal employees covered by the Whistleblower Protection Act. For other federal workers, the processes may be different.

MSPB appeal

For serious adverse actions (such as a termination or lengthy suspension), most federal employees have the option to directly appeal that action to the Merit Systems Protection Board, or MSPB. The MSPB is an independent agency that will assign a judge to assess your case. If you appeal to the MSPB, you will have to represent yourself or obtain a lawyer to represent you.

You can file an MSPB appeal here.

Office of Special Counsel complaint

You can file a complaint with the Office of Special Counsel. This option is available for a broader range of adverse actions than those covered by direct MSPB appeals—not just termination, for example, but also a poor performance rating in retaliation for whistleblowing.

If the Office decides that your complaint has merit, it will advocate on your behalf to overturn the retaliatory action. The Office has broad powers to enforce the law on your behalf.

If the Office decides that your complaint lacks merit or fails to investigate it, you can then proceed to raise your claim at the MSPB (you will need to represent yourself or find a lawyer to represent you).

You can file a complaint with the Office of Special Counsel here.

Grievance under a collective bargaining agreement

In addition, if you are covered by a collective bargaining agreement, you may have the option to pursue your claim through the grievance procedure set forth in that agreement. In this case, your union may provide a representative to assist you in pursuing your claim.

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Keep in mind that, after you file a claim through one of the above processes, you may lose the option to pursue the claim through any of the other processes. If you are not sure which process is most appropriate for your situation, you should consider contacting a lawyer for advice.

We provide information on getting legal help on a separate page.

  1. Resources for detailed information

Note that if a link on this page has stopped working, you may be able to access the link through the “perma link”, which we have provided for selected resources.

Statutes

Government agencies

Information on the Whistleblower Protection Act:

Whistleblowing protections for contractors:

Resources on reporting government wrongdoing to the media: