Whistleblower Protection & Reprisal Investigations Flashcards

Which law protects federal contractor employees, subcontractor employees, and grantee employees who report fraud, waste, or abuse on federal contracts?

Answer: 41 U.S.C. § 4712 (contractor whistleblower protections)

41 U.S.C. § 4712, enacted as part of the National Defense Authorization Act for Fiscal Year 2013 and made permanent in 2016, provides whistleblower protections for employees of federal contractors, subcontractors, and grantees.

The Whistleblower Protection Enhancement Act of 2012 expanded protections to cover which category of employees that was previously excluded?

Answer: Transportation Security Administration (TSA) employees

The Whistleblower Protection Enhancement Act of 2012 extended whistleblower protections to TSA employees, who had been excluded from the Whistleblower Protection Act.

Under the Inspector General Reform Act of 2008, what new protection was added for individuals who report wrongdoing to an Inspector General?

Answer: Prohibition on disclosing the identity of complainants without consent

The Inspector General Reform Act of 2008 prohibits IGs from disclosing the identity of employees who report to the IG without the employee's consent, strengthening confidentiality protections.

What is a 'qui tam' action under the False Claims Act?

Answer: A lawsuit filed by a private individual on behalf of the government to recover losses from fraud

A qui tam action allows a private citizen (relator) to sue on behalf of the government for fraud against the U.S., sharing in any financial recovery while the government decides whether to intervene.

Under the Whistleblower Protection Act, which of the following is NOT considered a prohibited personnel practice against a whistleblower?

Answer: Assigning the employee to a different geographic location for a legitimate operational reason

A legitimate geographic reassignment based on genuine operational needs, unconnected to protected disclosures, does not constitute a prohibited personnel practice under the WPA.

Which standard applies when an Inspector General is determining whether a complainant's identity should be protected during a reprisal investigation?

Answer: IGs are prohibited from disclosing complainant identity without consent

Per the IG Reform Act of 2008, Inspectors General are generally prohibited from disclosing the identity of anyone who reports information to the IG's office without that person's explicit consent.

If the Office of Special Counsel determines a reprisal complaint has merit, what is the primary action it may take?

Answer: Seek corrective action and, if necessary, bring the case before the Merit Systems Protection Board

The OSC may seek corrective action voluntarily from the agency, and if the agency does not comply, the OSC can petition the Merit Systems Protection Board to order corrective action.