The Whistleblower Protection Program was established to ensure that employees of Federal agencies, Federal contractors, and Federal grantees who disclose allegations of serious wrongdoing or gross mismanagement are free from fear of reprisal for their disclosures. Applicants for Federal employment are also covered.
Disclosure by current and former Federal employees and applicants of the following types of wrongdoing are covered by the Whistleblower Protection Act of 1989:
The Whistleblower Protection Act of 1989 prohibits reprisal. It is unlawful for agencies to take or threaten to take a personnel action against an employee because he or she disclosed wrongdoing. Personnel actions can include poor performance review, demotion, suspension, or termination. In addition, the law prohibits retaliation for filing an appeal, complaint, or grievance; helping someone else file or testifying on their behalf; or cooperating with or disclosing information to the OIG. For a pamphlet prepared by the Office of Special Counsel (OSC) containing more information, click on Know Your Rights When Reporting Wrongs or Your Rights as a Federal Employee. For additional information from OSC on prohibited personnel practices, click here
The VA OIG refers complainants who believe they have been improperly retaliated against to the following entities:
Federal law prohibits VA contractors, grantees,, subgrantees, and personal services subcontractors from reprising against their employees for making protected whistleblower disclosures. [41 U.S.C. ยง 4705, 4712] Protected disclosures may include allegations of gross mismanagement of a VA contract or grant; gross waste of VA funds; abuse of authority relating to a VA contract or grant; substantial and specific danger to public health or safety; or violation of law, rule, or regulation related to a VA contract (including the competition for or negotiation of a contract) or grant; when made to:
Prohibited actions include employment termination, demotion, or otherwise being discriminated against because of a protected disclosure.
Employees of VA contractors, grantees, subgrantees, and personal services subcontractors who believe they are being reprised against for making protected disclosures should contact the VA OIG Hotline. A complainant of reprisal must allege that a protected communication or disclosure was made, a management official then learned of the communication/disclosure, and finally, the management official took or threatened to take a reprisal action against the individual who made the communication/disclosure. The complaint must include sufficient detail and support, including documentation, in order for the VA OIG to conduct a review to determine if an investigation is warranted.
The VA OIG investigates substantial allegations of whistleblower reprisal against employees of VA contractors, grantees, subgrantees, and personal services subcontractors. The VA OIG reports substantiated allegations of reprisal to the employer and VA for corrective action.
Disclosures of information protected by law should be made to a Government agency, such as the OIG, that is authorized to receive and investigate such a disclosure.
The VA OIG Whistleblower Protection Ombudsman provides education about protections for current or former employees of VA, VA contractors, or VA grantees who make protected disclosures. The Ombudsman coordinates with VA administrations and staff offices to increase awareness of prohibitions on whistleblower retaliation. In addition, the program disseminates information on rights and remedies against retaliation for making protected disclosures. Specifically, the Ombudsman provides complainants with information on how to contact organizations that address reprisal allegations. This program was authorized by the Whistleblower Protection Enhancement Act of 2012, which became law on November 27, 2012. By law, the Ombudsman is prohibited from acting as a complainant's legal representative, agent, or advocate. For additional information, contact Cheryl Edwards using the Hotline web submission form.