Whistleblower Protections

Whistleblowers perform an important service by reporting what they reasonably believe to be evidence of waste, fraud, abuse, or mismanagement. HUD employees, contractors, subcontractors, grantees, subgrantees, and personal services contractors are protected by law from retaliation for making a protected disclosure. In accordance with the Inspector General Act, as amended, the Whistleblower Protection Coordinator educates HUD employees, contractors, grantees, and personal services contractors about whistleblower protections and employees’ rights and remedies against retaliation for protected disclosure. The law does not permit the Whistleblower Protection Coordinator to act as a legal representative, agent, or advocate for current or former employees.

If you have questions, please contact the Whistleblower Protection Coordinator at whistleblower@hudoig.gov

Rights of Federal Employees to Contact OIG

Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to an Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

For more information about rights of Federal employees to contact OIG, visit your rights of Federal employees to contact OIG page.

Rights of Federal Employees to Contact OIG

6-1 INSPECTOR GENERAL ACT SECTION 7(C)

6-2 5 USC § 2302(B)(8)

A federal employee is protected from retaliation for disclosing a violation of any law, rule or regulation, gross mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety, to the Inspector General of an agency.

6-3 5 USC § 2302(B)(13)

Prohibits an agency from enforcing any nondisclosure policy or agreement, if such policy or agreement does not inform the employee that the policy or agreement does not alter the employee’s right to communicate with Congress, or report to an Inspector General a violation of any law, rule or regulation, gross mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety, to the Inspector General of an agency. This statute does not authorize the withholding of information from Congress or the taking of any personnel action against an employee who discloses information to Congress.

6-4 5 USC § 2302(C)

Requires the head of each agency to inform employees of the rights and remedies available to them regarding disclosures, including how to make a lawful disclosure of information to the Inspector General of an agency, Congress, or other agency employee designated to receive such disclosures.

Federal Employee or Applicant Protections

The Inspector General Act of 1978, as amended at Section 3, requires the OIG to designate a Whistleblower Protection Coordinator, who shall educate agency employees about prohibitions on retaliation for protected disclosures, and employees’ rights and remedies against retaliation for protected disclosures.

The IG Act protects the confidentiality of HUD employees’ disclosures by prohibiting the OIG from disclosing the employee’s identity unless the OIG determines such disclosure is unavoidable during the course of the investigation. IG Act of 1978, Section 7(b).

For more information about whistleblower protections for Federal employee or applicant protections, visit our Federal employee or applicant protections page.

Federal Employee Or Applicant Protections

Know Your Rights

The Whistleblower Protection Act (WPA) (5 USC § 2302(b)(8)) was established to ensure that employees and applicants who disclose allegations of serious wrongdoing or gross mismanagement are free from fear of reprisal for their disclosures. The WPA also provides remedies if an employee is subjected to reprisal for covered disclosures, and provides penalties for supervisors who retaliate against Whistleblowers.

Additional Resources:

More information on Prohibited Personnel Practices:OSC website

More information on the Merit System Protection Board

Who Is Covered?

The WPA protects federal employees and applicants for employment. (Note: Employees of federal contractors and grantees are not covered by the WPA.)

What Is A Protected Disclosure?

A disclosure is protected under the WPA if the employee discloses information the employee reasonably believes to be true, in the following areas:
- a violation of any law, rule, or regulation,
- mismanagement,
- a gross waste of funds,
- an abuse of authority, or
- a substantial and specific danger to public health or safety.

Can An Employee Making a New Disclosure Remain Anonymous?

When making a disclosure to OIG via the Hotline, the employee has the ability to remain anonymous. The employee should include as much detail as possible regarding the violation, in order to allow OIG to evaluate the disclosure for investigation.
An employee may also request confidentiality, i.e. that OIG not disclose the employee’s name outside HUD OIG. HUD OIG will not disclose the employee’s identity unless disclosure is unavoidable as part of the investigation.

What Constitutes Retaliation?

Retaliation occurs when the employee’s disclosure influences the employer to “take or fail to take, or threaten to take or fail to take, a personnel action with respect to [the] employee or applicant for employment.” A personnel action is broadly defined to include ratings, details, promotions, demotions, termination, access to training, etc.

How Can I Report Retaliation And Obtain A Remedy?

The Office of Special Counsel is the entity tasked by Congress to investigate whistleblower retaliation against federal employees. OSC has authority to demand the agency undo any retaliation, compensate the employee suffering reprisal, and to take action against the retaliating supervisor. Also, OSC can initiate an act against the agency if it refuses to undo the reprisal.
An employee who believes they have been retaliated against may file a complaint on the OSC website or mail a complaint to OSC, 1730 M Street, N.W., Ste. 218, Washington, D.C., 20036, or you may fax it to (202) 254-3711.

What Should Supervisors and Managers Know?

Supervisors should receive training on how to respond to complaints of whistleblower retaliation. A supervisor who engages in whistleblower retaliation may be subject to a minimum suspension of 3 days, and removal if the supervisor retaliates a second time.
Whistleblower protections are not intended to prevent otherwise meritorious personnel actions by the supervisor. Where a supervisor aware of covered disclosures by an employee, the supervisor should consult with HR staff when taking any personnel action regarding the disclosing employee.

Who Can I Contact For More Information?

Congress requires each OIG to designate a Whistleblower Protection Coordinator (WPC). The WPC educates HUD employees on prohibitions on retaliation for protected disclosures. Additionally, the WPC educates employees who have made or are contemplating making a protected disclosure about their rights and about remedies against retaliation for protected disclosures. The WPC is not a legal representative, advocate, or agent of the employee or former employee.

To submit a Whistleblower retaliation complaint please visit https://www.hudoig.gov/hotline/whistleblower-retaliation-complaint-form or click on the link below.

Employees of HUD Grantees, Contractors, Subgrantees, or Subcontractors

In 2013, Congress passed a law protecting employees of Federal grantees, contractors, and their subgrantees or subcontractors who disclose waste, fraud, abuse, or other violations in federal programs, from retaliation by their employer. Each OIG is tasked with reviewing and investigating retaliation complaints relating to the programs the OIG oversees. For more information about whistleblower protections for employees of HUD grantees, contractors, subgrantees, or subcontractors, visit our Federal contractor or grantee protections page.

Federal Contractor or Grantee Protections

Know Your Rights

Whistleblower disclosures relating to federal grants and contracts play an important role ensuring that grantees and contractors use federal funds honestly, efficiently and accountably. Employees of federal grantees and contractors are often in the best position to spot waste, fraud, and abuse. Recognizing this, Congress passed laws to protect whistleblowing employees from retaliation.

The HUD Office of Inspector General plays an important role investigating retaliation by a HUD contractor, grantee, subcontractor, or subgrantee against an employee who discloses wrongdoing by their employer in a federal program. Where the Inspector General’s investigation supports retaliation, the federal agency responsible for the grant or contract may order the contractor or grantee to unwind the retaliation and to pay for damages incurred by the employee because of the retaliation.

For more information, please click on the links below, or email HUD OIG at Whistleblower@hudoig.gov.

Additional Resources:

41 USC 4712, “Enhancement of contractor protection from reprisal for disclosure of certain information.”

"HUD Contractor & Grantee Whistleblowing." Watch Video or Read More.

Who is Covered?

You are covered if you are an employee of a federal contractor, subcontractor, grantee, and subgrantee, or hold a personal services contract with a federal agency. Persons receiving federal assistance are not covered.
See “How Do I Make A Complaint” below for information about how to file a complaint.

What Is A Disclosure?

An employee makes a disclosure by providing information regarding a federal grant or contract that the employee reasonably believes is evidence of:

Violation of law, rule or regulation
Gross mismanagement
Gross waste of funds
Abuse of authority
A danger to public health or safety

The disclosure must be made to (1) a management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct, (2) a federal employee responsible for overseeing the grant or contract, (3) the Inspector General, (4) the Government Accountability Office, (5) Congress, (6) a Court or grand jury, or (7) the Department of Justice.

What Constitutes Retaliation?

Retaliation occurs when an employer discharges, demotes, or otherwise discriminates against an employee and the employee’s disclosure contributed to the adverse action. If the evidence establishes contribution, the employer will have the burden to show that it would have taken the same action without the disclosure. Factors will include the motive to retaliate, treatment of other employees in similar situations, and evidence supporting the employer’s action.

How Do I Make A Complaint?

A retaliation complaint can be filed via HUD OIG’s Hotline Whistleblower@hudoig.gov through this link: https://www.hudoig.gov/hotline/whistleblower-retaliation-complaint-form.
Please be sure to identify the disclosure specifically, when it was made and to whom. Also, please identify the retaliation you experienced, including when it began. This information is necessary to evaluate your complaint.

What Will Happen With My Complaint?

Upon receiving your complaint, the Office of Inspector General will initially review your complaint to determine whether, if true, it would be a violation. If so, OIG will investigate the complaint, develop evidence and make findings. The agency may also separately investigate the alleged violation that caused your disclosure.
OIG has 180 days to investigate, but may request additional time. When findings are forwarded to the agency, it will have 30 days to make a determination as to whether there was retaliation and, if so, order the contractor or grantee to remedy the retaliation. If the employer does not comply, the agency can seek a court order forcing the employer to do so.

Can I Remain Anonymous?

Congress has provided that OIGs may not disclose any information about an employee alleging retaliation unless they have the employee’s consent, disclosure is permitted by the Privacy Act, or disclosure is necessary to investigate the retaliation. As a practical matter, where the burden shifts to the employer to show it would have taken the adverse action anyway, the agency cannot proceed with the case if the employee’s identity is not disclosed.

Do I Have Other Options?

If the OIG or agency does not provide a determination within 210 days of your filing a complaint, you may file your own action in federal court. You may also file an action in federal court if you disagree with the agency’s decision. The Office of Inspector General cannot provide legal advice to you, and you may wish to consult with a private attorney about other remedies you may have. Please note that if you have already brought an action against your employer for retaliation, the Office of Inspector General may choose not to open a second investigation.

Special Procedures for Disclosures Involving Classified Information

A disclosure of fraud, waste, or abuse that includes classified information is not a protected disclosure under the whistleblower laws unless the disclosure is made in accordance with the laws and rules that govern the proper handling and transmission of classified information. For example, you are not protected for disclosing classified information to an unauthorized recipient, even if you reasonably believe that the information is evidence of fraud, waste or abuse. You can make a protected disclosure of classified information to the OIG, but the information may not be transmitted using email or the OIG’s unclassified hotline. For more information on how to properly provide classified information to the OIG, please contact the Whistleblower Protection Coordinator at whistleblower@hudoig.gov.

Nondisclosure Agreements

Pursuant to the Whistleblower Protection Enhancement Act of 2012, the following statement applies to non-disclosure policies, forms, or agreements of the federal government with current or former employees, including those in effect before the Act’s effective date of December 27, 2012:

“These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive Order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive Orders and statutory provisions are incorporated into this agreement and are controlling.”

The controlling Executive Orders and statutory provisions in the event of any conflict with a non-disclosure policy, form, or agreement include, as of March 14, 2013:

Executive Order No. 13526 (governing classified national security information);
Section 7211 of Title 5, United States Code (governing disclosures to Congress);
Section 1034 of Title 10, United States Code as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military);
Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act of 1989 and the Whistleblower Protection Enhancement Act of 2012 (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats);
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents);
The statutes which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, and 952 of Title 18, United States Code; and
Section 4(b) of the Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)).

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Whistleblower Protections