The Whistleblower Protection Act was passed in 1989 to protect federal employees from retaliation when reporting misconduct. Prior to this, employees faced threats of losing their job or being ostracized. The law makes it illegal for agencies to retaliate against whistleblowers and complaints can be filed with the Office of Special Counsel. The Merit Systems Protection Board hears complaints and is presided over by an appointed judge, which has been criticized. Appeals can be made to the Federal Circuit Court of Appeals.
Complaints about alleged government corruption, mismanagement, and waste have plagued most countries around the world at one time or another. These issues often went unreported because, historically, a government employee has often faced fines or retaliation for reporting the issue. In 1989, the United States passed the Whistleblower Protection Act as a way to protect federal employees from the often feared negative consequences when an employee, or job applicant, is considering filing a misconduct “whistle” report within the government or a federal agency.
Prior to the passage of the Whistleblower Protection Act, federal employees faced numerous threats or retaliation for exposing corruption, mismanagement, or wastefulness in the federal government. An employee could lose their job, be demoted, or potentially be ostracized for speaking out, and a job applicant often risked missing out on future job opportunities by filing a complaint. Prior to the mid-20th century, US government was conducted largely in secret, as was the tradition in most governments. The 1920s and 1960s in America brought war protests and a general call for openness and accountability in government. The Whistleblower Protection Act was one of the eventual consequences of the government’s accountability claim.
In particular, the Whistleblower Protection Act makes it a violation for any of the covered agencies to threaten, or actually take retaliatory action against, an employee or applicant for disclosing information regarding the agency. Under the law, an individual can file a complaint against an agency with the Office of Special Counsel, which is the federal office responsible for investigating and prosecuting violations of the Whistleblower Protection Act. If the Office of Special Counsel believes that there has actually been a violation of the law, the complaint is moved to the hearing.
A complaint alleging violation of the Whistleblower Protection Act is reviewed by the Merit Systems Protection Board. The Merit Systems Protection Board hearing is presided over by an appointed administrative judge — one of many criticisms of the process. Among the many disagreements over the lawbreaking complaints process is the fact that the judges who preside over hearings are appointed by the government itself that is the subject of the complaint. If a plaintiff loses at a Merit Systems Protection Board hearing, the case can be appealed to the Federal Circuit Court of Appeals.
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