Whistleblowers perform an important service by reporting what they reasonably believe to be evidence of waste, fraud, abuse, or mismanagement. DHS 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 DHS agency 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 whistleblowerprotectioncoordinator@oig.dhs.gov.
ADDITIONAL RESOURCES
The information below explains who and what is covered as a Whistleblower.
FAQs
Whistleblowing means disclosing information that you reasonably believe is evidence of a violation of any law, rule, or regulation; gross mismanagement; a gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety.
What are the three steps in the whistleblowing process? ›
The following is a generalized guide to whistleblowing.
- Identify the Issue. What is occurring and how do you know it?
- Document the Facts. ...
- Who Needs to Know. ...
- Make a Decision about Confidentiality. ...
- Make the Call or Submit Your Disclosure.
What happens after you submit. The DOJ does not automatically investigate every complaint received. Each complaint is carefully evaluated to determine whether it constitutes a good faith allegation of improper governmental activity with enough potential merit to warrant an investigation.
Who does the Whistleblower Act not protect? ›
For example, you are not protected when disclosing classified information to an unauthorized recipient, even if you reasonably believe the information is evidence of waste, fraud, or abuse.
What is the average settlement for a whistleblower? ›
Short answer: According to the National Whistleblower Center, the average whistleblower settlement in California and the rest of the United States is $447,830. For less complex cases whistleblowers could see a settlement amount lower than this while in more complex cases the settlement could surpass $1,000,000.
How do you prove a whistleblowing claim? ›
To prove a case, the whistleblower must demonstrate not only that the representation about the claim is false, but also that the representation is material, which usually means related to the government's decision to pay. Simply put the representation has to really matter.
What are 5 consequences of whistleblowing? ›
Negative consequences to whistle-blowers include occupational, legal, financial, socioemotional, and other (e.g., physical health, character assassination) effects.
What are examples of whistleblowing? ›
Complaints that count as whistleblowing
- a criminal offence, for example fraud.
- someone's health and safety is in danger.
- risk or actual damage to the environment.
- a miscarriage of justice.
- the company is breaking the law, for example does not have the right insurance.
- you believe someone is covering up wrongdoing.
How to Make a Protected Disclosure
- The disclosure must be based on a reasonable belief that wrongdoing has occurred. ...
- The disclosure must also be made to a person or entity that is authorized to receive it.
Whistleblower awards can range from 10 to 30 percent of the money collected when the monetary sanctions exceed $1 million. As set forth in the Dodd-Frank Act, the SEC protects the confidentiality of whistleblowers and does not disclose information that could reveal a whistleblower's identity.
Additional information on what to expect during an OSHA whistleblower investigation can be found here. Q: How long does OSHA take to investigate a case? A: The whistleblower laws have timeframes for completion of investigations ranging from 30 to 90 days.
What is the timeline for filing a whistleblower complaint? ›
The time periods vary from 30 days to 180 days, depending on the specific law (statute) that applies. For example, Section 11(c) of the OSH Act, which covers workplace safety and health matters, requires that a complaint be filed within 30 days of the adverse employment actionadverse employment action.
What qualifies as a whistleblower? ›
Who is a "Whistleblower"? A Whistleblower is any individual who provides the right information to the right people. Stated differently, lawful whistleblowing occurs when an individual provides information that they reasonably believe evidences wrongdoing to an authorized recipient.
What is considered whistleblower retaliation? ›
Retaliation occurs when an employer (through a manager, supervisor, or administrator) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity.
Who enforces whistleblower protection? ›
OSHA's Whistleblower Protection Program enforces protections for employees who suffer retaliation for engaging in protected activities under more than 20 federal laws. The investigation of complaints of retaliation against employees is conducted by investigators in OSHA's regions.
What is not considered a whistleblower allegation? ›
A disclosure of waste, fraud, 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.
What can be reported through whistleblowing? ›
Complaints that count as whistleblowing
- a criminal offence, for example fraud.
- someone's health and safety is in danger.
- risk or actual damage to the environment.
- a miscarriage of justice.
- the company is breaking the law, for example does not have the right insurance.
- you believe someone is covering up wrongdoing.
A Whistleblower is any individual who provides the right information to the right people. Stated differently, lawful whistleblowing occurs when an individual provides information that they reasonably believe evidences wrongdoing to an authorized recipient.
What is an eligible whistleblower? ›
Eligible whistleblowers
an officer or employee of the charity. an individual or an employee of a person that supplies services or goods to the entity (including volunteers) an individual who is an associate of the entity.
