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  2. Whistleblower Rights and Protections

Whistleblower Rights and Protections

Whistleblowers perform an important service for the public and the Department of Housing and Urban Development (HUD) when they report evidence of wrongdoing. All HUD employees, contractors, subcontractors, grantees, subgrantees, and personal services contractors are protected from retaliation for making a protected disclosure. Whistleblower protections are also available to new employees during probationary periods.

Reports concerning wrongdoing by HUD employees or within HUD programs can always be submitted directly to the OIG Hotline. Information that is otherwise required by law or Executive Order to be kept classified in the interest of national defense or the conduct of foreign affairs may be lawfully disclosed pursuant to whistleblowing activity by contacting the U.S. Office of Special Counsel (OSC), OIG, Congress (including any committee of Congress with respect to information that is not classified or, if classified, has been classified by the head of an agency that is not an element of the intelligence community and does not reveal intelligence sources and methods), or to another HUD employee who is designated to receive such a disclosure.

If you have any questions about any of the information on this website, or are concerned that you have experienced retaliation for blowing the whistle, you may contact the OIG’s Whistleblower Protection Coordinator for additional information. You may also consult the web site of the OSC, or review this OSC pamphlet, “Know Your Rights When Reporting Wrongs.” The U.S. Merit Systems Protection Board offers further information and resources to whistleblowers here.

Resources

How to Make a Protected Disclosure

It is unlawful for your employer to retaliate against you for making a “protected disclosure.” A disclosure is protected if it meets two criteria:

  1. The disclosure must be based on a reasonable belief that wrongdoing has occurred. As explained in the HUD OIG Whistleblower Protections website, the definition of wrongdoing varies slightly depending on your place of employment.
  2. The disclosure must also be made to a person or entity that is authorized to receive it. Employees who reasonably believe they have evidence of wrongdoing are always protected for submitting that information to the OIG Hotline. Depending upon your place of employment, whistleblower protections may differ. Please visit the HUD OIG Whistleblower Protections website for information regarding your specific situation.

Whistleblower Protection Coordinator

The Inspector General Act requires the HUD OIG to designate an individual to serve as the OIG’s Whistleblower Protection Coordinator. The OIG’s Whistleblower Protection Coordinator carries out a number of key functions, including:

  • Educating HUD employees and managers about prohibitions on retaliation for protected disclosures;
  • Educating employees who have made or are contemplating making a protected disclosure about the rights and remedies available to them;
  • Ensuring that the OIG is promptly and thoroughly reviewing complaints that it receives, and that it is communicating effectively with whistleblowers throughout the process; and
  • Coordinating with the U.S. Office of Special Counsel, other agencies, and non-governmental organizations on relevant matters.

The OIG Whistleblower Protection Coordinator cannot act as a legal representative, agent, or advocate for any individual whistleblower.

For more information, you may contact the OIG Whistleblower Coordinator at whistleblower@hudoig.gov

Nondisclosure Agreements

Pursuant to the Whistleblower Protection Enhancement Act of 2012, the following statement applies to non-disclosure policies, forms, or agreements of the federal government with current or former employees, including those in effect before the Act’s effective date of December 27, 2012:

“These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive Order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive Orders and statutory provisions are incorporated into this agreement and are controlling.”

The controlling Executive Orders and statutory provisions in the event of any conflict with a non-disclosure policy, form, or agreement include, as of March 14, 2013:

  • Executive Order No. 13526 (governing classified national security information);
  • Section 7211 of Title 5, United States Code (governing disclosures to Congress);
  • Section 1034 of Title 10, United States Code as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military);
  • Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act of 1989 and the Whistleblower Protection Enhancement Act of 2012 (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats);
  • Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents);
  • The statutes which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, and 952 of Title 18, United States Code; and
  • Section 4(b) of the Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)).