Special Counsel Hampton Dellinger today participated in a panel discussion hosted by the American Bar Association (ABA) titled, Speaking Out – From the Inside: Freedom of Speech and Government Whistleblowers. During the panel, Dellinger highlighted the many rights and protections for federal employees that Congress has enshrined into law. Dellinger, along with Acting Associate Special Counsel Emilee Collier, discussed the role the Office of Special Counsel (OSC) plays in safeguarding those rights and protections.
“In today's ABA Forum, and every chance I get, I highlight that Congress and the courts, including the Merit Systems Protection Board, have made clear that federal workers have a right to be heard, especially when blowing the whistle on waste, fraud, abuse, and other unlawful conduct," Dellinger said.
OSC's primary mission is to protect federal employees and applicants from prohibited personnel practices (PPPs). Depending on the nature of the allegations, multiple PPPs may apply in the enforcement of federal employee speech rights, including the prohibition on whistleblower retaliation. If OSC concludes that an employee suffered retaliation for making a protected disclosure, it is authorized to seek corrective action on their behalf.
Dellinger also discussed OSC's enforcement of the anti‐gag order provision in the Whistleblower Protection Enhancement Act (5 U.S.C. § 2302(b)(13)). Under that provision, agencies may not impose nondisclosure policies or agreements (NDAs) without including language informing employees that their statutory right to blow the whistle supersedes the terms and conditions of the NDA or policy. Among other things, NDAs must inform federal employees of their overriding right to communicate with Congress, Inspectors General, and OSC. Dellinger emphasized that no agency can seek, through an NDA or otherwise, to chill such protected communications.
OSC also enforces the Hatch Act, a federal law that limits certain political activity of federal employees while they are on duty, in the federal workplace, or acting in their official capacity. Earlier this year, Dellinger announced several updates to the OSC's approach to Hatch Act enforcement.
“My focus is balancing meaningful Hatch Act enforcement with careful consideration of government employee speech rights," Dellinger said. “That's what Congress and the courts have directed and it's what OSC delivers."
A video of the panel discussion is available on ABA's YouTube Channel.
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