Recent Cases Highlight OSC’s Many Resolutions of Federal Employee Prohibited Personnel Practice Complaints

September 28, 2017

OSC has resolved cases involving alleged violations of the Whistleblower Protection Act at a variety of federal agencies.

The U.S. Office of Special Counsel (OSC) recently resolved cases involving alleged violations of the Whistleblower Protection Act at a variety of federal agencies. OSC obtained relief for employees in cases involving pregnancy discrimination, improper hiring practices, whistleblower retaliation, and other violations. The following cases highlight OSC’s work protecting whistleblowers and safeguarding the merit system:

Alleging discrimination, an employee was removed from her probationary supervisory position after telling her supervisor she was pregnant. The parties entered into a settlement agreement that included her voluntary return to a non-supervisory position and a performance award.

Alleging improper influence, an employee claimed an agency official influenced the employee to withdraw from competition for a position at a higher grade level in a different division at the same agency. The agency official valued the employee and did not want to lose the employee to the other division. In exchange for the withdrawal, the agency official promised that, based on the work the employee was doing, the official would promote the employee to the same grade as the position in the other division. The employee was not promoted as promised. After the employee filed with OSC, the agency resolved the matter by awarding a promotion and providing back pay.

In an unfair hiring practices case, an employee alleged that an agency official asked an applicant, who was a veteran, to withdraw from competition. The applicant then withdrew. The resolution in this case included OSC-provided onsite training on prohibited personnel practices for management officials at the agency. Alleging whistleblower retaliation, an employee claimed, among other things, that the agency lowered a performance evaluation and did not provide a performance-based salary increase in retaliation for disclosures about harassment. With OSC’s assistance, the parties entered into a settlement agreement, and the employee received a higher performance rating and a retroactive salary increase.

In two related cases, employees alleged retaliation for reporting security concerns. They claimed that the agency subjected them to management directed inquiries (MDIs), reassigned one of them, and included negative information in their performance evaluations. With OSC’s assistance, the parties entered into a settlement agreement that included destroying all copies of the MDIs and removing all references to the MDIs from the performance evaluations.

OSC applauds the parties for their willingness to resolve these matters.