No one should ever be subject to or threatened with reprisal for coming forward with information regarding wrongdoing involving U.S. Department of Education (ED) funds, programs and operations.
In fact, it is unlawful for any personnel action to be taken against you because of whistleblowing. Federal laws protect and provide remedies for employees of certain entities that receive ED funds and for ED employees, former employees, and applicants for employment who disclose information they reasonably believe provides evidence of wrongdoing and who subsequently suffer negative actions.
What is whistleblower retaliation?
What it is:
Whistleblower retaliation occurs when an employer (through a manager, supervisor, administrator, or other person with authority) takes adverse action against an employee for disclosing wrongdoing which may include waste, fraud, abuse, or other criminal activity or violation of law.
What it can look like:
Retaliation can take many forms and can include but is not limited to: firing or demoting an employee, denying benefits, denying overtime pay or promotion, or intimidation or harassment.
OIG Whistleblower Protection Coordinator
The Inspector General Act requires the OIG to designate an individual to serve as the OIG’s Whistleblower Protection Coordinator (WPC).
The OIG WPC is not a legal representative, agent, or advocate for any individual whistleblower. However, the WPC can educate employees who have made or are contemplating making a protected disclosure about the rights and remedies available to them.
The OIG’s WPC also
- educates ED employees and managers about prohibitions on retaliation for protected disclosures;
- ensures the OIG is promptly and thoroughly reviewing complaints that it receives;
- ensures the OIG is communicating effectively with whistleblowers throughout the process; and
- coordinates with the U.S. Office of Special Counsel, other agencies, and nongovernmental organizations on relevant matters.
For more information, contact the OIG WPC at whistleblowercoordinator.oig@ed.gov.
Information for ED Contractors, Subcontractors, Grantees, Subgrantees, and Personal Services Contractors
ED contractors, subcontractors, grantees, subgrantees, and personal services contractors can submit a whistleblower complaint to the OIG Hotline.
You must file your complaint within 3 years from the date your employer retaliated against you.
Federal law protects you when you make a disclosure with a reasonable belief that the information evidences:
- a violation of law, rule, or regulation related to a ED contract or grant;
- gross mismanagement of an ED contract or grant;
- a gross waste of ED funds;
- an abuse of authority related to an ED contract or grant; or
- a substantial and specific danger to public health or safety.
The law protects you only if you make your disclosures to a member of Congress, or a representative of a committee of Congress; an Inspector General; the Government Accountability Office; a Federal employee responsible for contract or grant oversight or management at the relevant agency; an authorized official of the U.S. Department of Justice or other law enforcement agency; a court or grand jury; or a management official or other employee of the contractor, subcontractor, grantee, or subgrantee who has the responsibility to investigate, discover, or address misconduct.
Information for ED Employees, Former Employees, and Job Applicants
ED employees, former employees, and job applicants can submit a whistleblower complaint to the OIG Hotline or to the U.S. Office of Special Counsel (OSC). If you submit your complaint to the OIG Hotline, the OIG will review it and notify you whether we, the OSC, or another agency should process the complaint.
The Whistleblower Protection Act of 1989 (WPA) and the Whistleblower Protection Enhancement Act of 2012 (WPEA) prohibit Federal agency officials from taking, not taking, or threatening to take or not take a personnel action (e.g., poor performance review, demotion, suspension, reassignment) against employees or job applicants who disclose information with a reasonable belief that the information evidences:
- any 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.
You are also protected 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 OIG or refusing to obey an order that would require the person to violate a law, rule, or regulation.
Protected disclosures can be made either internally to others within the agency or externally with exceptions for sensitive material. The WPA protects public disclosures if the underlying information is not restricted from release by executive order or specifically prohibited by law.
Whistleblower Frequently Asked Questions (FAQs)
If an OIG investigation substantiates your claim of whistleblower retaliation, relief or remedies may be available. The remedies will vary based on what happened to you. However, if appropriate remedies may include: job restoration, reversal of suspensions and other adverse actions, back pay, and reasonable and foreseeable consequential damages (e.g., medical costs, attorneys fees, and compensatory damages).
Yes. An ED employee who commits a prohibited personnel practice (including retaliating against someone who has disclosed wrongdoing) may be disciplined. If an agency fails to take disciplinary action, then the Office of Special Counsel 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 prohibited personnel practice, they can order disciplinary action, including removal, reduction in grade, debarment from Federal employment for up to 5 years, suspension, reprimand, or a fine of up to $1,000. Additionally, new statutory provisions impose a mandatory proposed penalty for supervisors that commit violations of 5 U.S.C. § 2302(b)(8), (b)(9), or (b)(14).
To submit a report with classified information, contact your nearest investigative office stating that you have a compliant to file, but it involves classified information. Do not submit a report with classified information via the online hotline portal.
Submitting a report with classified information via the online hotline portal can result in your disclosure not being protected under whistleblower laws. A disclosure of waste, fraud, or abuse that includes classified information is not a protected disclosure under the whistleblower laws unless the disclosure is made in accordance with the law and rules that govern the proper handling and transmission of classified information. For example, you are not protected when disclosing classified information to an unauthorized recipient, even if you reasonably believe the information is evidence of waste, fraud, or abuse.
Information for ED Employees, Former Employees, and Job Applicants
If you ask us to keep your identity confidential, we may be unable to share your information, and this may prevent resolution of your issue. Even if you ask to remain confidential, if the OIG decides to conduct an inquiry, and the disclosure of your identity is unavoidable during the course of our inquiry, we may still disclose your identity as required by law or as permitted by the Privacy Act (e.g., to others who have a need to know it in performing their duties) and the routine uses stated in this System of Records Notice. OIG never shares the identity of individuals who file a Hotline complaint unless it is required by law or permitted by the Privacy Act.
Information for Non-Federal Employees
If your complaint meets the requirements for investigation as a reprisal complaint under 41 USC 4712, we will necessarily have to disclose your identity to your employer in order to conduct the investigation and issue a required report to your employer and the Department of Education. If you ask us to keep your identity confidential, we will be unable to investigate your reprisal complaint and the Department of Education will be unable to order any remedy for any reprisal you may have experienced. Even if you ask to remain confidential, if the OIG decides to conduct an inquiry, and the disclosure of your identity is unavoidable during the course of our inquiry, we may still disclose your identity as required by law or as permitted by the Privacy Act (e.g., to others who have a need to know it in performing their duties) and the routine uses stated in this System of Records Notice. OIG never shares the identity of individuals who file a hotline complaint unless it is required by law or permitted by the Privacy Act.