What is the Whistleblower Protection Act?
A whistleblower who works for the federal government may fear varying degrees of retaliation for exposing any misconduct within an agency and seek out legal protection. The Whistleblower Protection Act, a reasonably well-known law in the United States, exists to provide this protection for oppressed whistleblowers who make a proper appeal to the authorities equipped to deal with the matter.
What is It?
The Whistleblower Protection Act is a federal law that was first instituted in 1989. If any agency authorities take (or threaten to take) retaliatory action against an employee due to the employee's disclosure of information, those authorities are in direct violation of the act. Some valid complaints which whistleblowers may report, with reasonable evidence, under this protection include violations of laws, rules or regulations, abuse of authority, mismanagement and substantial danger to the health or safety of the public.
Authorized Federal Whistleblower Protection Agencies
One of the federal agencies available to investigate whistleblower reports is the Merit Systems Protection Board. This is a quasi judicial agency which oversees whistleblower appeals. Since 2000 the board has had few rulings in favor of the whistleblower, although President Obama has lately appointed a chair and vice-chairperson with backgrounds in federal worker advocacy. There is also the Court of Appeals for the Federal Circuit, which is currently the only court able to hear the appeals of whistleblower cases from the merit board.
The Whistleblower Protection Enhancement Act
Hoping to amend federal worker laws on whistleblower protection, Senator Daniel Akaka of Hawaii introduced The Whistleblower Protection Enhancement Act in 2009. Under this act, protection would apply to disclosures of any violation of a law, save accidental, alleged violations. Unfortunately, several efforts to pass this law have failed. A weaker version of the bill has recently been introduced in early 2011, making it a current possibility that better and more effective whistleblower protection laws will soon become a reality in the United States.
How to Appeal to the Merit Board
A whistleblower who needs to make an appeal to the Merit Systems Protection Board needs to know what the process involves. First, corrective action from the Office of Special Counsel should be sought prior to appealing to the Board. The OSC may give a certain window of time in which to appeal to the Board. The appeal should be filed in writing and submitted to the Board with a description of the disclosure including a chronology of facts, the appellant's name, position, signature, and an explanation of the whistleblower's apprehensions and needs. Any eligible employee can submit their appeal directly to the Merit Board if they observe the board's rules.
Although there are some exceptions to those covered by the act, such as employees of the General Accountability Office, and the FBI as well as some other intelligence agencies, federal workers who wish to blow the whistle on misconduct can rest assured that they are legally entitled to protection from negative retaliation.