Whistleblower Protection & Reprisal Investigations Flashcards

Which federal law provides the primary whistleblower protection for most federal civilian employees who disclose government wrongdoing?

Answer: The Whistleblower Protection Act of 1989

The Whistleblower Protection Act of 1989 (WPA) is the primary federal statute protecting most civilian federal employees from retaliation for making protected disclosures of government wrongdoing.

Which federal agency has primary responsibility for receiving and investigating whistleblower reprisal complaints from federal employees?

Answer: The Office of Special Counsel (OSC)

The Office of Special Counsel (OSC) is the primary federal agency authorized to receive, investigate, and prosecute prohibited personnel practices, including whistleblower reprisal complaints.

Under the Whistleblower Protection Act, which of the following qualifies as a 'protected disclosure'?

Answer: Reporting gross mismanagement, waste of funds, or abuse of authority

A protected disclosure under the WPA includes reporting violations of law, gross mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety.

What is the legal standard used in whistleblower reprisal cases to determine whether the protected disclosure was a factor in the adverse personnel action?

Answer: Contributing factor standard

The 'contributing factor' standard requires the whistleblower to show that the protected disclosure was a factor that contributed to the adverse action, which is a lower burden than preponderance of the evidence.

Once a federal employee establishes a prima facie whistleblower reprisal case, the burden of proof shifts to the agency. What must the agency demonstrate?

Answer: By clear and convincing evidence that it would have taken the same action absent the disclosure

After the employee establishes a contributing factor, the agency must show by clear and convincing evidence that it would have taken the same adverse action even if the protected disclosure had never been made.

Under the False Claims Act, a private individual who files a whistleblower lawsuit on behalf of the U.S. government is called a:

Answer: Relator

Under the False Claims Act, a private citizen who brings a qui tam lawsuit on behalf of the government is called a 'relator,' and may receive a portion of any funds recovered.

How many days does a federal employee generally have to file a whistleblower reprisal complaint with the Office of Special Counsel?

Answer: 90 days

Under the Whistleblower Protection Act, federal employees must file a reprisal complaint with the OSC within 3 years of the date they knew or should have known of the personnel action.