Whistleblower Protection Information
Whistleblowers play a critical role in reporting fraud, waste, and abuse and protecting public health and safety. Current and former HHS employees, applicants for HHS employment, employees of HHS contractors, subcontractors, personal services contractors, grantees, and subgrantees who disclose information to OIG and other authorized recipients are protected from retaliation under the Whistleblower Protection Act of 1989, 41 U.S.C. § 4712 and Presidential Policy Directive 19 (PPD-19). These laws protect whistleblowers who report specific wrongdoing.
Additionally, members of the U.S. Public Health Service Commissioned Corps are protected from retaliation for making protected communications under the Military Whistleblower Protection Act, 10 U.S.C. § 1034, and cannot be restricted from communicating with OIG or a member of Congress.
What is whistleblower retaliation?
Whistleblower retaliation occurs when an employer (through a supervisor, administrator, or other person with authority) takes an adverse employment action against an employee for making a protected disclosure.
What is a protected disclosure?
To be protected, a disclosure must meet the following criteria:
- The disclosure must be based on a reasonable belief that the alleged wrongdoing has occurred. As explained below, the definition of wrongdoing varies slightly depending upon your place of employment.
- The disclosure must be made to a person or entity that is authorized to receive it. As explained below, there are some limitations as to who is authorized to receive a disclosure depending upon your place of employment.
The Whistleblower Protection Act of 1989 and the Whistleblower Protection Enhancement Act of 2012 prohibit Federal agency officials from taking, not taking, or threatening to take or not take a personnel action (e.g., a poor performance review, demotion, suspension, reassignment) against employees or job applicants who disclose:
- violation of a law, rule, or regulation;
- gross mismanagement;
- gross waste of funds;
- 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.
Authorized Recipients of Protected Disclosures
In general, HHS civilian employees may disclose information to anyone, including non-governmental audiences, unless the information is classified or specifically prohibited by law from release. If the information is classified or specifically prohibited by law from release, it may be shared only with OIG, OSC, or a designated agency official.
For additional information, please visit the U.S. Office of Special Counsel (OSC), or review these OSC information sheets:
Filing a Retaliation Complaint
HHS civilian employees, former employees, and job applicants may submit a whistleblower complaint to the HHS OIG Hotline or to the U.S. Office of Special Counsel (OSC). OSC has primary jurisdiction over retaliation complaints for most HHS employees. OSC has the ability to seek a temporary stay of a pending personnel action and can seek to correct a retaliatory personnel action on an employee’s behalf. If you submit your complaint to the OIG Hotline, we will review it and notify you whether we, the OSC, or another agency should process the complaint.
The National Defense Authorization Act for Fiscal Year 2013 protects employees of Federal contractors, subcontractors, grantees, subgrantees, and personnel services contractors who disclose:
- violation of a law, rule, or regulation related to an HHS contract or grant;
- gross mismanagement of an HHS contract or grant;
- gross waste of HHS funds;
- abuse of authority related to an HHS contract or grant; or
- a substantial and specific danger to public health or safety.
Authorized Recipients of Protected Disclosures
- Member of Congress or a representative of a committee of Congress;
- Office of Inspector General;
- Government Accountability Office;
- A Federal employee responsible for contract or grant oversight or management at the relevant agency;
- An authorized official of the Department of Justice or other law enforcement agency;
- A court or grand jury; and
- A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover or address misconduct.
Filing a Retaliation Complaint
Employees of HHS contractors, subcontractors, grantees, and subgrantees may submit a whistleblower retaliation complaint to the HHS OIG Hotline.
The Military Whistleblower Protection Act (MWPA) protects members of the U.S. Public Health Service Commissioned Corps from retaliation for making protected communications. The MWPA also prohibits restricting members from communicating with OIG or a member of Congress. Under the MWPA, a protected communication is defined as:
- Violation of any law or regulation, including those prohibiting rape, sexual assault, sexual harassment, or unlawful discrimination;
- Gross mismanagement;
- Gross waste of funds;
- Abuse of authority;
- Substantial and specific danger to public health or safety; or
- A threat by another member of the Service or Federal Government employee that indicates a determination or intent to kill or cause serious bodily injury to members of the Service or civilians, or damage to military, Federal, or civilian property.
Authorized Recipients of Protected Disclosures
- Member of Congress;
- Office of Inspector General;
- Member of an HHS audit, inspection, investigation, or law enforcement organization;
- Person or organization within the officer's chain of command;
- Court-martial proceeding;
- Person or organization designated by regulation or administrative procedures to receive such communications (see Commissioned Corps Directive 121.06).
Filing a Retaliation Complaint
U.S. Public Health Service Commissioned Corps Officers may submit a whistleblower retaliation complaint to the HHS OIG Hotline.
More information about the rights of Commissioned Corps Members can be found in the Commissioned Corps Directive on Protected Communications.
If you are an HHS employee and believe a retaliatory action was taken against you that affected your security clearance, you may submit a complaint to the HHS OIG Hotline. It is unlawful under Presidential Policy Directive 19 for an agency to take any action affecting an employee’s eligibility for access to classified information in retaliation for making a protected disclosure.
Whistleblower Protection Coordinator
The Inspector General Act requires HHS OIG to designate an individual to serve as the Whistleblower Protection Coordinator (WPC). The WPC carries out a number of key functions, including:
- Educating HHS employees about prohibitions on retaliation for protected disclosures and employees’ rights and remedies against retaliation for protected disclosures;
- Ensuring that HHS OIG is promptly and thoroughly reviewing complaints it receives; and
- Coordinating with the U.S. Office of Special Counsel, other agencies, and non-governmental organizations on relevant matters.
The WPC cannot act as a legal representative, agent, or advocate for any individual whistleblower.
For more information, you may contact the WPC at whistleblower.coordinator@oig.hhs.gov