GAO Whistleblower Protection Act

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    History

    • The protection started in 1989 but has been amended. In 2007, legislators changed it to provide special protection in cases of national security, activity involving a government contractor and science based agency information.

    What it means and who can use it?

    • The act protects federal employees, candidates for federal positions and formal federal employees when they report major, specific problems in government activities. Most protection occurs in the executive branch of the government. It covers the employees when they have substantial evidence and report specific abuses such as gross mismanagement, gross waste of funds, significant danger to public health or safety, abuse of authority and breaking of any laws, rules or regulations.

    How it is used

    • The act can be cited when a manager in the federal government retaliates for the employee's report of wrongdoing. The employee has to challenge the retaliation in order to invoke the protection law. Under the act, if employees testify against the wrongdoer, refuse to follow an illegal order, participate in investigations or are related to whistleblowers, they cannot be punished.

    Famous case

    • In one of the most publicized cases of use of the act, Linda Tripp, an employee in the Pentagon's public affairs office, disclosed to the Office of Independent Counsel that President Bill Clinton had lied under oath regarding his relationship with mistress Monica Lewinski. The U.S. Department of Defense, in retaliation, leaked confidential personal information about Tripp. She was able to reach a settlement with the federal government.

    GAO reports problems with the act

    • The federal Government Accountability Office in 1992, three years after the law's creation, said that it was harder than ever for impacted employees to prove their employer had retaliated. The report also said federal employees don't know how to report misconduct. They also often don't even know about the whistleblower law, perhaps because governmental agencies aren't required to disclose the information to employees.

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