The Whistleblower Protection Coordinator of the OIG cannot act as a legal representative, agent or advocate for an individual whistleblower. A whistleblower policy encourages employees and volunteers to provide credible information about illegal practices or violations of policies adopted by the organization, states that the organization protects the individual from retaliation, and identifies employees, board members, or external parties to whom such information may be reported. Below is a general guide to whistleblowing. The mission of the Wages and Hours Division (WHD) is to promote and enforce labour standards in order to protect and enhance the well-being of the country`s workforce. The agency enforces the federal minimum wage, overtime pay, records and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Workers Protection Act, the Worker Polygraph Protection Act, the Family and Sick Leave Act, the garnishment and wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections, as provided for in several immigration laws. If you believe you have been retaliated against for protected disclosure, you can contact one of the following offices: No one should ever be retaliated against or threatened if they provide a protected disclosure. It is illegal for personal action to be taken against you as a result of your whistleblowing. If you believe you have been retaliated against for a protected disclosure, you may file a reprisal complaint in accordance with the guidelines below. Under the Whistleblower Protection Enhancement Act of 2012, the CPSC created a whistleblower ombudsman position to educate agency employees on the prohibitions on retaliation for whistleblowing, as well as the rights and remedies of employees when faced reprisal for protected disclosure. If you are an employee of a DOJ subcontractor, subcontractor, beneficiary, sub-beneficiary, or DOJ contractor specializing in personal services, you may file a retaliation complaint with the Office of the Inspector General`s hotline.
Pursuant to 41 U.S.C. § 4712, it is unlawful for an employee of a federal contractor, subcontractor, concessionaire, subcontractor, subcontractor or subcontractor or personal services contractor to be fired, demoted, or otherwise discriminated against for making a protected disclosure. More information on whistleblower protection for these employees is available in the information brochure produced by the OIG. The Whistleblower Protection Act protects “any disclosure of information” by federal employees that they “reasonably believe to be evidence of activity that constitutes a violation of any law, rule or regulation, or mismanagement, gross waste of funds, abuse of authority or a significant and specific threat to public health and safety.” It prohibits retaliation such as demotions, pay cuts or dismissals for the pipe, and offers recourse to whistleblowers who suffer such retaliation. It also allows whistleblowers to keep their disclosures confidential. The Office of Federal Contract Compliance Programs (OCFCCP) protects workers, promotes diversity and enforces the law. OFCCP holds those who do business with the federal government (contractors and subcontractors) accountable for meeting the legal obligation to take positive action and not to discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or protected veteran status. In addition, contractors and subcontractors are prohibited from dismissing or otherwise discriminating against candidates or employees who inquire about their compensation or that of others, subject to certain restrictions. Whistleblowers render an important service by reporting what they reasonably believe to be evidence of waste, fraud, abuse or mismanagement. DHS employees, contractors, contractors, beneficiaries, and personal service contractors are protected by law from retaliation for protected disclosure. In accordance with the Inspector General Act, as amended, the Whistleblower Protection Coordinator of the DHS Office of the Inspector General informs DHS employees, contractors, fellows, and personal service providers of whistleblower protection and employee rights, as well as remedies against retaliation for protected disclosure. The law does not allow the Whistleblower Protection Coordinator to act as a legal representative, representative or advocate for current or former employees.
The National Defence Authorization Act of 2013 (NDAA) enacted a pilot program that makes it illegal for an employee of a federal contractor, subcontractor, beneficiary or subcontractor to be fired, demoted or otherwise discriminated against for disclosing a protected whistleblower. In 2016, Congress changed the program to make these protections permanent. “These provisions are consistent with the obligations, rights, or responsibilities of employees established by any applicable law or executive order with respect to (1) classified information, (2) notices to Congress, (3) reporting a violation of any law, rule or regulation or mismanagement, gross waste of funds to an inspector general, or mismanagement, abuse of authority or significant and specific threat to public health or safety, or (4) other whistleblower protection. The definitions, requirements, obligations, rights, sanctions and responsibilities arising from the control of executive decrees and legislative provisions are contained in and apply to this Agreement. When Congress passed Sarbanes-Oxley, it contained two provisions that also apply to nonprofits after the outrageous behavior of American corporations. Federal law prohibits all businesses, including nonprofits, from retaliating against employees who “expose” their employer`s accounting practices and destroy evidence. (These legal requirements have led to recommendations that all not-for-profit organizations should also implement a records retention and destruction policy.) Here are some starting points to help your nonprofit design an appropriate whistleblower policy. However, be sure to research your state`s legal protections for whistleblowers, as the details of an appropriate policy vary from state to state. Under the WPA, the Office of the Special Counsel investigates complaints from whistleblowers at the federal level. Such complaints may be submitted confidentially. The OSC`s primary mission is to “protect the benefits system by protecting federal employees and claimants from prohibited personnel practices, particularly whistleblower reprisal.” When a recruitment agency rents temporary workers to a company, the recruitment agency and its client (commonly referred to as the employer) can be held legally liable for retaliation against the workers. For more information on the whistleblower protection rights of agency workers, see OSHA Bulletin No.
3 on the Temporary Agency Workers Initiative – Rights to Protect Whistleblowers. The content of this FAQ may not reflect the most recent legal developments. The content and interpretation of the law referred to in this document are subject to revision. We accept no responsibility for any actions taken or not taken based on any or all of the content of this website or FAQ. Before responding to any information or material on this website, we strongly recommend that you consult a qualified whistleblower attorney.