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FAQs

About 52 results

Prohibited Personnel PracticesFiling Complaints
I am a HUD resident. Can I file a PPP complaint at OSC?

​No. OSC does not have jurisdiction over complaints from residents of the Department of Housing and Urban Development regarding their housing situations in HUD facilities. OSC also lacks jurisdiction over complaints of fraud with respect to HUD benefits. If you have such a complaint, we recommend you contact HUD's Office of Inspector General at 1-800-347-3735.​​

Prohibited Personnel PracticesFiling Complaints
I work for the Postal Service. Can I file a PPP complaint at OSC?

Maybe. OSC has limited jurisdiction over complaints from U.S. Postal Service employees. OSC can only review complaints from postal service employees that allege unlawful nepotism that allege unlawful nepotism or arbitrary and capricious withholding under the Freedom of Information Act (FOIA). 5 U.S.C. § 2302(b)(7); 5 U.S.C. § 1216; 39 U.S.C. § 410(b) . If you believe that a Postal Service employee has hired, advanced, or advocated for the employment of a relative, you can file a complaint at OSC. All other complaints should be directed elsewhere.​​

Prohibited Personnel PracticesFiling Complaints
I am a government contractor or employee of a government contractor. Can I file a PPP complaint at OSC?

No. OSC's jurisdiction is limited to complaints from federal employees. OSC does not have jurisdiction over government contractors or employees of government contractors. This is true even for contractors who work directly for federal agencies. Employees of contractors can bring a whistleblower retaliation complaint with the Office of Inspector General at the agency for whom the employee performed work under a government contract. Employee of contractors may also be eligible to file qui tam actions under the False Claims Act. More information about the False Claims Act is available here​. ​​​​​

Prohibited Personnel PracticesFiling Complaints
I am a uniformed officer of the military. Can I file a PPP complaint at OSC?

No. OSC has no authority to investigate PPP allegations from members of the uniformed service or to petition the Merit Systems Protection Board for disciplinary actions involving military officials (members of the uniformed services), since they are not "employees" who are "appointed in the civil service." See 5 U.S.C. § 2105. As defined in 5 U.S.C. § 2101(3), "uniformed services" means the armed forces, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.​​​​

Prohibited Personnel PracticesFiling Complaints
I am a commissioned officer in the Public Health Service. Can I file a PPP complaint at OSC?

No. Employees of the Public Health Service are considered members of the "uniformed services," as described in the question above. Therefore, although these positions include civilian employment, that civilian employment is predicated upon your uniformed service. However, employees of the Public Health Service can file whistleblower retaliation complaints with the Office of Inspector General at the Department of Health and Human Services.​​

Prohibited Personnel PracticesFiling Complaints
I am a non-appropriated fund (NAF) employee. Can I file a PPP complaint at OSC?

No. OSC lacks jurisdiction over employees whose salaries are paid using non-appropriated funds. These include employees of the Army and Air Force Exchange Service, military post exchanges, or other instrumentalities whose purpose is the comfort, pleasure, and contentment of the armed forces.​​​​​

Prohibited Personnel PracticesFiling Complaints
I believe my veterans’ preference rights were violated. Can I file a PPP complaint at OSC?

Complaints alleging denial of veterans' preference requirements must be filed with the Veterans Employment and Training Service (VETS) at the Department of Labor. There is a 60-day deadline for filing these complaints. The Department of Labor's website explains how to file a veterans' preference com​plaint​.

Prohibited Personnel PracticesFiling Complaints
Is there a statute of limitations or a deadline for filing a PPP complaint at OSC?

Yes. A person has three years from the time that they knew or should have known of the alleged prohibited personnel practice to file a complaint with OSC.

Prohibited Personnel Practices
Can you tell me over the phone if I have a good case?

No. We can help you determine whether OSC is an appropriate venue to address the complaint you describe but cannot provide legal advice as to whether you have a meritorious complaint or whether you should pursue other potential avenues, such as filing a grievance or filing an appeal at the Merit Systems Protection Board. A recommendation to consider filing a PPP complaint with OSC should not be viewed as an endorsement of the merits of your complaint. If OSC is not an appropriate venue, we try our best to suggest other options.  ​  ​

Prohibited Personnel PracticesFiling Complaints
Do I need a lawyer to file a PPP complaint at OSC?

No. Although you are free to hire an attorney if you wish, it is not necessary to have an attorney to file a PPP complaint. OSC’s attorneys have experience dealing with a wide range of complaints and complainants, and make every effort to communicate with you in a way anyone can understand.​​​

Prohibited Personnel PracticesFiling Complaints
Can I file a PPP complaint anonymously at OSC?

Yes. Anonymous complaints are acceptable. However, because we cannot contact an anonymous complainant to obtain additional information, such cases pose substantial investigative challenges. If you want to file a PPP complaint anonymously, you are encouraged to provide a detailed description of the nature of your complaint, including, where possible, names and dates. Alternatively, you may want to review the consent options included on form OSC-11, which give complainants the option of selecting from among three levels of confidentiality. This choice may alleviate some of the concerns you have about providing your name in a PPP complaint against your federal agency. ​

Prohibited Personnel PracticesFiling Complaints
I have filed an EEO complaint and/or administrative grievance. Can I still file a PPP complaint at OSC?

Maybe. In the majority of cases, you can file a PPP complaint even after you have filed an Equal Employment Opportunity (EEO) complaint and/or an administrative grievance about the same issues. If your EEO complaint or administrative grievance has reached a federal court, OSC may not be able to pursue your PPP complaint because we would be bound by the court's decision on certain issues.​

Prohibited Personnel Practices
What is OSC’s policy about PPP complaints of discrimination?

OSC’s treatment of the discrimination complaint will vary depending on the allegation​​​s.​

Race, color, religion, sex, national origin, age and disability. Discrimination based on race, color, religion, sex, national origin, age, or disability is a PPP. 5 U.S.C. § 2302(b)(1). However, it was not intended that OSC duplicate or bypass the Equal Employment Opportunity (EEO) process established in both federal agencies and the Equal Employment Opportunity Commission (EEOC) for redressing discrimination complaints. 5 C.F.R. § 1810.1. Therefore, OSC generally defers discrimination complaints on these bases to the EEO process. At its discretion, however, OSC may investigate discrimination complaints on these bases, particularly where allegations include discrimination as well as other PPPs.

Political affiliation and marital status. Discrimination based on political affiliation or marital status is a PPP. 5 U.S.C. § 2302(b)(1). Because discrimination complaints on these bases are not within EEOC's jurisdiction, OSC examines such complaints.

Sexual orientation and gender identity. Discrimination based on sexual orientation or gender identity is a PPP. 5 U.S.C. § 2302(b)(10). As such, OSC examines such complaints. EEOC has stated that discrimination complaints on these bases also may be brought under the EEO process.

Prohibited Personnel Practices
How long does it take for my PPP complaint to be resolved?

OSC makes every effort to resolve PPP complaints expeditiously, but given the variables between cases and the substantial increase in filings in recent years, it is difficult to estimate the length of time
required to resolve an issue. If a complaint is closed following a preliminary investigation, that process usually takes about 120 days. If a complaint is referred for further investigation, the process can take
significantly longer. ​​​ ​​

Prohibited Personnel Practices
How do I contact the OSC employee assigned to my case?

You can contact your examiner by calling 1-800-872-9855 or 202-804-7000. Please provide your name and complaint number (if known), and our staff will be able to direct you to the examiner assigned to your complaint. Additionally, when you speak to your examiner, you can discuss alternate methods of communicating with them.​​

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Disclosure of Wrongdoing
How is a disclosure to OSC different from disclosures through other government channels?

  • Federal law guarantees your confidentiality;
  • The Special Counsel may order the head of the agency involved to investigate and report on your disclosure; and
  • The Special Counsel may send the agency's report, and your comments, to the President and Congress.​​​​​

Disclosure of Wrongdoing
What happens when you make a disclosure?

OSC does not independently investigate whistleblower disclosures. If the Special Counsel finds that the information you disclosed is, or is substantially likely to be, the type of wrongdoing described here, OSC will send the information to​ the head of the agency concerned. OSC will not divulge your identity unless you consent.

The agency head must conduct an investigation and submit a report to the OSC. The Special Counsel then sends the agency report, together with your comments and hers, if any, to the President and the appropriate congressional oversight committees.

​

Disclosure of Wrongdoing
What happens if the Special Counsel finds that the information you disclosed is not, or is not substantially likely to be, the type of wrongdoing that it can refer to an agency?

If the Special Counsel does not send your information to the agency head, OSC sends you a letter explaining why the Special Counsel did not refer the information. This letter will let you know what other disclosure channels may be available to you.​

At their discretion, the Special Counsel may decide to send the information to the agency head, even if he or she does not find that it is, or is substantially likely to be, the type of wrongdoing described here​. If he or she does, the agency head is required to inform the Special Counsel in writing of what action has been or is being taken and when such action shall be completed. The Special Counsel will then inform you of the agency's report.

​

Disclosure of Wrongdoing
How long does it take?

You will usually hear from an OSC staff member within two weeks of filing your disclosure. The OSC staff member will explain the process and timing to you then.​​

Disclosure of Wrongdoing
Are all employees, former employees, or applicants for employment in the federal government able to file a disclosure?

No. OSC does not have jurisdiction over disclosures filed by:

  • Employees of the U.S. Postal Service and the Postal Regulatory Commission;
  • Members of the armed forces of the United States (i.e., non-civilian military employees);
  • State employees operating under federal grants;
  • Other employees or federal agencies exempt by federal law; and
  • Congressional or judicial branch employees

Certain disclosures that involve foreign intelligence or counterintelligence information must be transmitted immediately by the Special Counsel to the National Security Advisor and congressional intelligence committees.​​​​

About 112 results

Hatch ActFederal Employees
Is a Hatch Act investigation an administrative or criminal matter?

A Hatch Act investigation is an administrative matter. Hatch Act matters are adjudicated before the Merit Systems Protection Board, which is an administrative agency. However, federal employees also should be aware that certain political activities may also be criminal offenses under title 18 of the U.S. Code. See 18 U.S.C. §§ 210, 211, 594, 595, 600, 601, 602, 603, 604, 605, 606, 607, 610.​​

Hatch ActFederal EmployeesActivity in the Workplace
Please explain the scope of the Special Counsel’s May 20 opinion that the prohibition against displaying political items while on duty or in the workplace is now also applicable to items promoting “current or contemporaneous political figures.”

For purposes of the May 20 advisory opinion​, a current or contemporaneous political figure (CCPF) is an individual who received a political party’s nomination for President or Vice President in the most recent presidential election.  And with respect to CCPFs, the prohibition against displaying political items on duty or in the workplace includes items that are campaign or election related.

Hatch ActFederal EmployeesActivity in the Workplace
Can I wear a face mask or other personal protective equipment (PPE) to work if the PPE has a partisan political image or slogan?

No.  Federal employees may not engage in political activity while on duty or in the workplace.  This restriction prohibits employees from wearing partisan political buttons or T-shirts while on duty or in the workplace.  It similarly prohibits employees from wearing face masks, face shields, gloves, or other PPE that feature, for example, a picture of a candidate for partisan political office, a campaign slogan, or the name or logo of a political party.

​ 


Hatch ActFederal EmployeesCandidacy ＆ Elections
May I serve as a presidential elector?

Less Restricted Employees:  The Hatch Act does not prohibit a less restricted employee from serving as a presidential elector.  Presidential electors are selected by a political party to vote in the Electoral College for that party's nominees for president and vice president.  Electors do not have any role in government other than casting their electoral vote.  Thus, electors hold positions within a political party, rather than elected positions within the government, which is permissible for less restricted employees. 

Less restricted employees should be aware that Article II, section 1 of the U.S. Constitution states that “no . . . person holding an office of trust or profit under the United States, shall be appointed an elector."  We recommend that less restricted employees who are interested in serving as electors consult with outside counsel or their state elections office about this constitutional issue.​

Further Restricted Employees:  No.  Further restricted employees are prohibited from acting in concert with a political party or candidate for partisan political office.  Because serving as a presidential elector involves accepting a political party's nomination for the position and then voting on behalf of that party in the Electoral College, the Hatch Act prohibits further restricted employees from serving as electors.

 

Hatch ActFederal EmployeesParticipation in Political Party or Campaign Activities
What is a partisan political group?

Partisan political groups are defined in the Hatch Act as those groups that (1) are affiliated with a political party or candidate for public office in a partisan election, (2) are organized for a partisan purpose, or (3) engage in partisan political activity.  Under (1), any organization that is recognized by a national or state political party as a club, auxiliary, authorized committee, or other affiliated organization is a partisan political group.  Under (2), any organization formed to support or oppose one or more political parties—or a party's candidates for partisan political office—is a partisan political group.  As for (3), OSC evaluates organizations on a case-by-case basis.  When doing so, OSC considers several factors including, but not limited to, the following:  the organization's stated purpose, as reflected in its bylaws or charter, on its website, and in its other public materials; whether the organization expends its resources on political activity; whether the organization prominently advertises its political activity; the relationship between the organization and its affiliates, if any, that engage in political activity, such as whether they share a website, staff, or office space; and whether the organization has indicated on any government filings that it engages in political activity.​

Hatch ActFederal EmployeesParticipation in Political Party or Campaign Activities
Are organizations that are tax-exempt under section 501(c)(4) of the Internal Revenue Code (501(c)(4) organizations) partisan political groups?

Possibly.  Many 501(c)(4) organizations, or “social welfare organizations," work primarily or exclusively on issue advocacy, in which case OSC would generally not find them to be partisan political groups.  Others, however, engage in some political activity, i.e., activity directed toward the success or failure of a political party, partisan political group, or candidate for partisan political office.  In some cases, OSC has found that the amount of political activity a 501(c)(4) organization engages in is so extensive that the organization is a partisan political group for purposes of the Hatch Act.  ​

For example, OSC has previously concluded that when a 501(c)(4) organization and a political action committee operate collectively under a single brand identity, engage in political activity under that shared identity, and also share an executive director, logo, website, and social media accounts, then that 501(c)(4) organization is a partisan political group.  In other cases, OSC might conclude that a 501(c)(4) organization operating independently is a partisan political group if, for example, it spends its resources on political activity, prominently advertises that political activity, and has indicated on government filings that it engages in political activity.  Such determinations are made on a case-by-case basis.​

Even if OSC concludes that a 501(c)(4) organization is not a partisan political group, employees should still be cautious about engaging in any 501(c)(4)-related activity while at work.  This is because some 501(c)(4) organizations that are not partisan political groups may still engage in some political activity, such as by endorsing a candidate for partisan political office.  Because the endorsement meets the Hatch Act's definition of political activity, the Hatch Act would prohibit an employee from, for example, sharing a press release announcing that endorsement while the employee is on duty or in the workplace. 

 


Hatch ActGeneral
A Hatch Act complaint has been filed against me, can I find out who filed it?

As a general matter, OSC staff may not disclose the name of the person who filed a Hatch Act complaint. OSC’s program files, including Hatch Act complaints, contain personal or sensitive information, which is generally protected from release under the Freedom of Information Act. Release of the names of individuals who have reported suspected Hatch Act violations is generally considered to be an unwarranted invasion of privacy that could interfere with OSC’s law enforcement efforts by subjecting such individuals, on whom OSC relies to report potential violations, to possible harassment or reprisal for doing so. For more information about this policy please refer to
1/26/2004 Policy Statement on Disclosure of Information from OSC Program Files (OSC49a).​​

Hatch ActFederal EmployeesActivity in the Workplace
Can I display a picture of a candidate for partisan political office in my workspace?

Because section 7324 of the Hatch Act prohibits federal employees from engaging in political activity while on duty or in a federal building, the Act generally would prohibit employees from displaying pictures of candidates for partisan public office in the federal workplace. 5 C.F.R. § 734.306​, Example 16. However, we advise that an employee would not be prohibited from having a photograph of a candidate in his office if all of the following apply: the photograph was on display in advance of the election season; the employee is in the photograph with the candidate; and the photograph is a personal one (i.e., the employee has a personal relationship with the candidate and the photograph is taken at some kind of personal event or function, for example, a wedding, and not at a campaign event or some other type of partisan political event). Of course, an employee must not have a political purpose for displaying the photograph, namely, promoting or opposing a political party or a candidate for partisan political office.​​​​​

​

Hatch ActFederal EmployeesActivity in the Workplace
Can I wear a partisan political button or T-shirt while I am at work or display such items in my office?

No. Covered employees may not engage in political activity while on duty, in a government office or building, in uniform, or in a government vehicle. Wearing or displaying candidate, political party, or political group materials while on duty or in your work space qualifies as political activity. This prohibition extends to wearing or displaying such items in, for example, the cafeteria, lobby, or on-site gym of a federal building.​​​

Hatch ActFederal EmployeesActivity in the Workplace
Can I have a screen saver on my computer or a picture in my office with a political message (e.g., a campaign sign, campaign logo, etc.)?

No. Covered employees may not engage in political activity while on duty, in a government office or building, in uniform, or in a government vehicle. Displaying campaign material qualifies as political activity.​​​

Hatch ActFederal EmployeesActivity in the Workplace
If I have a bumper sticker on my personal car, am I allowed to park the car in a government lot or garage, or in a private lot/garage if the government subsidizes my parking fees?

Yes. An employee is allowed to park his or her privately owned vehicle with a bumper sticker in a government lot or garage. An employee may also park the car with a bumper sticker in a private lot or garage for which the employee receives a subsidy from his or her agency.​​​

Hatch ActFederal EmployeesActivity in the Workplace
Will I violate the Hatch Act if I listen to radio programs discussing partisan politics or candidates for partisan political office, or read a book about politics or political candidates while I am in the federal workplace?

No. Some federal agencies allow employees to listen to the radio while they are at work. Merely listening to a radio program that is discussing politics while in the federal workplace, without more, is not a Hatch Act violation. Similarly, merely reading a book about politics or political candidates while in the federal workplace, without more, is not a Hatch Act violation. However, employees should make certain that the federal agency where they work does not have any internal policies prohibiting its employees from generally engaging in any of these activities while at work (i.e., listening to the radio, reading).​​​​

Hatch ActFederal EmployeesActivity in the Workplace
Is it a Hatch Act violation for a federal agency to have televisions in the federal workplace that are tuned to stations such as Fox News or MSNBC?

No. Watching, or allowing the broadcast of, stations such as Fox News or MSNBC in the federal workplace, without more, does not violate the Hatch Act. Thus, while some federal agencies may have televisions located in lobbies or other public areas within a federal workplace that are tuned to such stations the Hatch Act does not prohibit them from doing so.​​​

Hatch ActFederal EmployeesActivity in the Workplace
If the sitting President is a candidate for reelection, may federal employees display his or her picture in their offices?

An employee covered by the Hatch Act may not engage in political activity while on duty, in a government room or building, while wearing an official uniform, or using a government vehicle. 5 U.S.C. § 7324​. Political activity is defined as activity directed toward the success or failure of a political party, candidate for a partisan political office, or partisan political group. 5 C.F.R. § 734.101​.

Thus, the Hatch Act prohibits federal employees from, among other things, displaying pictures of candidates for partisan public office in the federal workplace. 5 C.F.R. § 734.306​, Example 16. If the President is a candidate for reelection, the Hatch Act prohibits an employee from displaying his or her photograph in the federal workplace, unless one of the two exceptions discussed below applies.

The first exception applies to official photographs of the President. The Hatch Act does not prohibit the continued display of official photographs of the President in the federal workplace, to include both public and employee work spaces. Official photographs include the traditional portrait photo of the President displayed in all federal buildings, as well as photographs of the President conducting official business (e.g., President meeting with heads of state). However, these official photographs must be displayed in a traditional size and manner and should not be altered in any way (e.g., the addition of halos or horns). Pictures that are distributed by the President's campaign or a partisan organization, such as the Democratic National Committee or Organizing for America, are not official, even if they depict the President performing an official act. Similarly, pictures downloaded from the internet or clipped from magazines or newspapers, screen savers, and life-size cutouts are not official photographs for purposes of this exception.

The second exception, which applies to all candidate photographs, concerns personal employee photographs. An employee would not be prohibited from having a photograph of any candidate in his or her office, if all of the following apply: the photograph was on display in advance of the election season; the employee is in the photograph with the candidate; and the photograph is a personal one (i.e., the employee has a personal relationship with the candidate and the photograph is taken at some kind of personal event or function, for example, a wedding, and not at a campaign event or some other type of partisan political event). An employee must not have a political purpose for displaying the photograph, namely, promoting or opposing a political party or a candidate for partisan political office.

If you have any questions, please contact our office for additional guidance.​​​

Hatch ActFederal EmployeesActivity in the Workplace
Can a federal employee display in his office a photograph of his spouse or child even if the spouse or child is a candidate in an election for partisan political office?

Yes. The Hatch Act does not prohibit a federal employee from displaying photographs of a spouse or child even if the spouse or child is currently running for partisan political office, provided the photograph is not a campaign photograph.​​

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USERRA
Who does USERRA cover?

​USERRA provides employment protections for members of the uniformed services of the United States in their civilian careers. Uniformed services include current, former, and prospective members of: active duty U.S. military, National Guard or Reserves, and certain other services like the Commissioned Corps of the Public Health Service.

USERRA
Who investigates USERRA claims?

The U.S. Department of Labor, Veterans Employment and Training Service (DOL-VETS), investigates USERRA claims against all employers- federal, state, local, and private. Further information can be found under “How to File a USERRA Complaint" here.​

USERRA
How long does a USERRA claim take?

DOL-VETS has 90 days to complete its investigation of USERRA claims, but may request an extension.​​​

USERRA
If I am going away on military duty, do I need to give copies of my orders to my employer?

While it is best practice to provide copies of your military orders to your employer prior to performing your military duty (if possible), you are not required to do so. You are simply required to provide advance verbal or written notice that the absence is due to military service. However, upon your return, if your military service was for more than 30 days (or if you requested paid military leave for some or all of that service), your employer may request copies of your orders, but cannot delay your reemployment pending receipt of those orders.​​

USERRA
When I return from military duty, do I have to report back to work right away?

​In order to obtain reemployment protections under USERRA when you return from military duty, you must report for work or request reemployment within a specific time period. Depending on the length of your military duty as follows:

  • If you were on military duty for less than 30 days, you must report to work on the next regularly scheduled business day or shift that you normally work after time for safe travel plus eight hours' rest.
    • ​​​For example, if an individual works a night shift and their military duty ends at 5:00pm on Monday January 1st, and their next regularly scheduled shift is a night shift at 8:00pm Monday January 1st, that individual would not have to report for that shift, but the next one (8:00pm on Tuesday, January 2nd).
  • ​​If you were on military duty for 31 to 180 days, you have to request reemployment within 14 days of the end of your military duty.
  • If you were on military duty for more than 180 days, you have to request reemployment within 90 days of the end of your military duty.

If an individual does not report within the proper time frame, she may be reemployed, but is subject to discipline by her employer for being absent without leave (AWOL) for the amount of time she exceeded the reporting period.​

​

USERRA
How should my employer have me listed in their payroll system while I am on military duty?

​Employers should place service members in a leave without pay (LWOP) status while they are on military duty, unless the employee has paid leave that they wish to use for any of that time. Ideally, the LWOP entry should indicate that the employee is out for military service, as distinct from other types of LWOP such as a leave of absence or furlough; many employers designate this type of leave as LWOP-US or LWOP-MIL. Employees should not be placed on absent without leave status (AWOL), even pending submission of a copy of their orders.​

USERRA
I have more questions about USERRA, are there other resources available to me?

Please see “Additional Resources” here​

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Alternative Dispute Resolution
Who mediates the case?

OSC's mediation panel are trained in both mediation and federal personnel law. They are neutral, unbiased professionals with no stake in the outcome of the mediation process. Either one mediator or two co-mediators will be assigned to mediate the case.​

Alternative Dispute Resolution
What is the cost?

There is no cost to either the employee or the agency for OSC's mediation services.​

Alternative Dispute Resolution
What is an OSC subject matter expert?

An OSC subject matter expert is a senior, experienced member of OSC's IPD staff who can provide information about OSC's investigative process and how OSC might analyze and evaluate a claim.  The subject matter expert would not be involved in the investigation or supervision of the case if it does not settle.  The subject matter expert is​ bound by the same confidentiality provisions that govern the mediators. ​​

Alternative Dispute Resolution
What occurs during a mediation session?

Mediation is a facilitated conversation between the parties. The mediator serves as a neutral who guides parties through the process. The mediator is not a decision-maker or an advocate for either side. Instead, the mediator assures that both sides have an opportunity to express their needs and concerns; explore relevant facts, issues, emotions, and relationships; and generate ideas toward a mutually acceptable resolution. The parties usually meet together with the mediator and communicate directly with each other.  Often the parties also meet individually with the mediator to discuss confidentially the issues and possible resolutions that could meet both parties' needs. Each party retains control and decides whether to settle; no one can force a party to agree to a settlement. If the parties agree to settlement terms, they draft and sign an agreement.  If a party is not represented by an attorney, he or she may review a draft agreement with an attorney before signing.​

Alternative Dispute Resolution
Who attends the mediation session?

 The complainant and one or more representatives from the employing agency attend the mediation. Either party may also bring an attorney or other support person.  OSC requires that individuals with authority necessary to resolve the dispute attend the mediation session.

Alternative Dispute Resolution
How do we get started?

Once OSC has offered mediation and both parties have agreed, all participants will sign OSC's Agreement to Mediate. The Agreement details the terms of the mediation and, importantly, commits all parties to keep dispute resolution communications confidential from those not participating in the mediation.  The parties and their attorneys, if any, are required to be available to mediate the case over the following 3-4 months​.​

OSC mediators will then initiate pre-mediation discussions with each party to help them prepare for mediation.  The parties will be asked to explore the context of the dispute, identify their interests, think of possible options for resolution, and discuss their questions with the mediators.  At any time during the mediation process any party may consult with an OSC subject matter expert.  In some cases, these pre-mediation discussions will result in a resolution.  Otherwise, a mediation will be scheduled at a time convenient to all the participants in person, by telephone, or videoconference.

Alternative Dispute Resolution
Where will the mediation be held?

Mediation sessions are generally held at OSC's Washington, DC headquarters or one of our field offices (Dallas, TX; Oakland, CA; Detroit, MI). If these locations are not convenient, we will send mediators to the agency location if possible. If an in-person mediation session is not possible, we will conduct virtual mediation sessions via Microsoft Teams or Zoom, which can accommodate video and/or audio communications.

Alternative Dispute Resolution
What is mediation?

Mediation is an informal and flexible process in which a neutral third party - the mediator - assists the opposing parties in reaching a voluntary, negotiated resolution of the complaint. Mediation is different from other forms of dispute resolution in that the parties participate voluntarily, and the mediator has no authority t​o make a decision. The decision-making power rests in the hands of the parties.​

Alternative Dispute Resolution
How should you prepare for a mediation session?

No formal steps are required, but preparation improves the effectiveness of the mediation. Parties should obtain all relevant information needed to discuss the details of the case and to make settlement decisions. This includes financial data and calculations if financial loss is claimed, and medical data relevant to a claim for damages.  It is helpful to reflect on and outline discussion points to raise in the mediation with the other side. While each party should have a clear understanding of its own view of the case, it also is helpful to think about the other side's perspective, and consider options that will be meet the needs of both parties. Remember that there can be no settlement agreement unless both sides agree.​

Alternative Dispute Resolution
How long does a mediation session last?

Mediations are usually scheduled to last for a full business day. Sometimes additional follow-up may be required. The length of time depends on the complexity of the case and the willingness of the parties to resolve the dispute.​

Alternative Dispute Resolution
What happens after the mediation session?

Should the case resolve, the parties will write and sign a settlement agreement either at the end of the mediation session or afterward. OSC will then close the complaint.[1]  If a settlement is not reached, the complaint will proceed to investigation as if no mediation occurred.  Anything discussed in the mediatio​n session remains confidential within the ADR Unit, and the OSC mediators have no further involvement with the case. ​

[1] Note that 5 U.S.C. §1215 independently authorizes OSC to consider disciplinary action.


Alternative Dispute Resolution
How successful is mediation?

While each case is unique, at OSC more than two-thirds of cases mediated result in an immediate settlement.​

Alternative Dispute Resolution
What if I say “no” to mediation? Will it reflect badly on me (or my agency)?

Your decision to mediate or not will have no effect on the investigation of your case. The ADR Unit does not share any information from its conversations with you with anyone outside of the ADR Unit, even while offering mediation.  F​urthermore, the staff who investigates your case will have no access to information that indicates who said “yes" or “no" to mediation.​

Alternative Dispute Resolution
How does mediation work?

Mediation gives the parties the opportunity to discuss the issues raised in the complaint, identify their priorities and concerns, clear up misunderstandings, find areas of agreement and, ultimately, incorporate those areas of agreement into a final resolution of the complaint. Participation in OSC's mediation program is voluntary. Selected cases are referred to OSC's Alternative Dispute Resolution (ADR) Unit for review.  If the ADR Unit determines that a case is a good candidate for mediation, an OSC ADR Specialist contacts the complainant and the employing agency to invite them to participate in the mediation program. If both parties agree, OSC will assign mediators who will work with the parties to prepare for and schedule a mediation.  If mediation results in resolution, the agreement is put into writing and becomes binding on both parties.​

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Outreach Training
Is the program voluntary?

The requirement to inform agency employees of the rights and remedies available to them under the PPP and whistleblower provisions of Title 5 is a statutory obligation. 5 U.S.C. § 2302(d)​. In late 2017, the President signed two pieces of legislation requiring the head of each agency, in consultation with OSC, and the Inspector General of the agency, to take steps such as providing annual training to supervisors. These steps may be satistfied under OSC's Certification Program.

Outreach Training
What are the consequences of failing to comply with the statutory obligation?

​OSC will report annually to Congress on federal agencies’ participation with the OSC's Certification Program.​

Outreach Training
How do I know if my agency is currently in compliance with OSC’s Certification Program?

OSC maintains lists of registered agencies​ and certified agencies​ on this website. Additionally, you may e-mail certification@osc.gov​​ or call (202) 804-7163 to discuss what outreach activities your agency is currently engaged in. You will be informed if your agency is in compliance and what, if any, additional actions your agency will need to take to become certified under OSC’s program.​​​

Outreach Training
Is the No FEAR Act training sufficient to meet the supervisory training requirement?

In general, the No FEAR Act training will not be sufficient to meet the supervisory training requirement. The supervisory training should cover all 14 of the PPPs. With respect to PPPs, most No FEAR Act training programs only cover retaliation claims.  

Outreach Training
Are government corporations subject to the Section 2302 requirements and required to complete certification?

​Under 5 U.S.C. § 2302(a)(c)(i), employees of government corporations are covered by the two retaliation prohibitions [5 U.S.C. § 2302(b)(8), (b)(9)], while most other federal employees are covered by all 14 prohibited personnel practices. Therefore, government corporations are required to certify, but only with respect to the retaliation prohibitions.

Outreach Training
Once I register for the program, how will I know that my agency is in compliance with OSC’s Certification Program?

If you have registered for the program, after completing the five requirements, you will be asked to submit a certificate of compliance form and documentation. After OSC approves the submission, OSC will grant you a certificate of compliance. Additionally, we list certified agencies on OSC's website and report federal agencies' compliance with OSC's Certification Program annually to Congress.​​​​​​

Outreach Training
How often will agencies need to be certified as being in compliance with OSC’s Certification Program?

Agencies need to complete a checklist (coming soon) each year and submit a compliance form every three years.​​

Outreach Training
How often does an agency need to train supervisors on PPPs and the Whistleblower Protection Act/Whistleblower Protection Enhancement Act of 2012 (WPA/WPEA)?

In consultation with OSC, agencies need to train supervisors every three years on PPPs and whistleblower disclosures and each year on how to respond to complaints alleging a violation of whistleblower protections.​

Outreach Training
How often do employees need to be notified of their rights and remedies under the WPA/WPEA?

Employees must be notified annually.​​

Outreach Training
Will this program generate frivolous complaints?

Our experience is that agency-wide education programs have not resulted in a substantial increase in the number of complaints filed by employees of that agency, and often, such training helps prevent PPPs from occurring.​

Outreach Training
If an agency has employees that are not covered by all Title 5 provisions, will they need to certify under OSC’s program?

Some agencies have federal employees who are only covered by a limited number of Title 5 provisions. If any provisions of the WPA/WPEA cover these employees, the agency is responsible for informing the employees of their rights and responsibilities under the statute, and certifying under the relevant provisions of OSC’s program.​

Outreach Training
What is 2302(c) certification?

OSC's 2302(c) Certification Program allows federal agencies to meet the statutory obligation to inform their workforces about the rights and remedies available to them under the Whistleblower Protection Act (WPA), the Whistleblower Protection and Enhancement Act (WPEA), and related civil service laws. 5 U.S.C. § 2302(c). It also allows agencies to meet the requirements of the second Open Government National Action Plan. Under the 2302(c) Certification Program, OSC will certify an agency's compliance if the agency meets the following five requirements:

  1. Placing informational posters at agency facilities;
  2. Providing information to ​​new employees about the WPA/WPEA (including the 13 PPPs) as part of the orientation process;
  3. Providing information to current employees on an annual basis about the WPA/WPEA;
  4. Training supervisors every three years on the WPA/WPEA; and
  5. Displaying a link to OSC's website on the agency's website or intranet.
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Outreach Training
Does OSC offer training?

Yes. OSC offers training to federal agencies and non-federal organizations in each of the areas within OSC's jurisdiction. Specifically, OSC offers training on (1) PPPs, including retaliation for whistleblowing; (2) whistleblower disclosures filed with OSC's Disclosure Unit; (3) the Hatch Act and its application both to federal employees and to state and local employees; and (4) the Uniformed Services Employment and Reemployment Rights Act (USERRA). Additionally, OSC publishes a variety of materials on PPPs, whistleblower disclosures, and the Hatch Act. These publications can be printed from this website.​​​