CIG Whistleblower Protection & Reprisal Investigations 1

Question 1

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

Accepted Answer

The Whistleblower Protection Act of 1989

Answer

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.

Question 2

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

Accepted Answer

The Office of Special Counsel (OSC)

Answer

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

Question 3

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

Accepted Answer

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

Answer

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.

Question 4

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

Accepted Answer

Contributing factor standard

Answer

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.

Question 5

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

Accepted Answer

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

Answer

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.

(CIG) Certified Inspector General Practice Test

(CIG) Certified Inspector General Practice Test

CIG Whistleblower Protection & Reprisal Investigations 1