Whistleblower Protection & Reprisal Investigations Flashcards

What is the 'chilling effect' in the context of whistleblower reprisal?

Answer: The deterrent impact on other employees' willingness to report wrongdoing due to observed retaliation

The chilling effect refers to the deterrent impact that retaliation against one whistleblower has on other employees, discouraging them from coming forward with disclosures of their own.

When an Inspector General conducts a reprisal investigation, which element is essential to establishing that a prohibited personnel action occurred?

Answer: The supervisor must have been aware of the protected disclosure before the adverse action

A nexus between the protected disclosure and the adverse action requires that the deciding official knew about the disclosure — without that knowledge, retaliatory intent cannot be established.

Under the False Claims Act, what percentage of government recoveries may a relator (whistleblower) receive if the government intervenes and pursues the case?

Answer: 15 to 25 percent

When the government intervenes in a False Claims Act qui tam suit, the relator is entitled to receive between 15 and 25 percent of the proceeds recovered.

Which of the following is the correct approach for an IG when a complainant requests confidentiality at the start of an investigation?

Answer: Honor the request and protect identity to the maximum extent possible while still conducting the investigation

IGs should honor confidentiality requests and protect the complainant's identity to the maximum extent possible, while still conducting a thorough and complete investigation.

The Presidential Policy Directive 19 (PPD-19) extended whistleblower protections to which group of employees?

Answer: Intelligence Community employees

PPD-19, issued in 2012, extended whistleblower protections to employees of the Intelligence Community who are excluded from the standard Whistleblower Protection Act coverage.

An Inspector General is investigating a reprisal complaint. The alleged retaliating official claims the adverse action was taken for documented performance reasons. Under the WPA framework, this claim functions as:

Answer: The agency's attempt to demonstrate by clear and convincing evidence it would have taken the same action regardless of the disclosure

The agency's performance-based justification is its attempt to meet the 'clear and convincing evidence' burden to show the adverse action would have occurred regardless of the protected disclosure.

Which of the following best describes the Inspector General's role in the federal whistleblower protection system?

Answer: IGs investigate reprisal allegations and refer substantiated findings to agency heads and oversight bodies

Inspectors General investigate allegations of whistleblower reprisal, document findings, and report substantiated cases to agency leadership and relevant oversight bodies such as the OSC or MSPB for corrective action.