Who is PBGC OIG's Whistleblower Protection Coordinator
Whistleblower disclosures by PBGC employees can save lives as well as billions of taxpayer dollars. They play a critical role in keeping our Government honest, efficient, and accountable. Recognizing that whistleblowers root out waste, fraud, and abuse and protect public health and safety, Federal laws strongly encourage employees to disclose wrongdoing. Federal laws also protect whistleblowers from retaliation. Pursuant to the Whistleblower Protection Enhancement Act of 2012, the PBGC OIG, established a Whistleblower Ombudsman in the OIG to educate Department employees about prohibitions on retaliation for whistleblowing, as well as employees' rights and remedies if anyone retaliates against them for making a protected disclosure (i.e., "Whistleblowing"). The name of the Ombudsman was changed to the "Whistleblower Protection Coordinator" under the Whistleblower Protection Coordination Act of 2018 to better reflect the roles and responsibilities of the position.
Employees can contact the Coordinator at Whistleblower.Coordinator@pbgc.gov if they have questions about their whistleblower rights. The Coordinator does not accept complaints of fraud, waste, abuse, or wrongdoing; all complaints should be submitted directly to the OIG Hotline. In addition, the Coordinator is not permitted to act as a legal representative or advocate for employees or former employees.
What is Whistleblower Retaliation?
Whistleblower retaliation is an adverse action in response to a protected disclosure of information. Retaliation includes almost any personnel action, failure to take a personnel action, or threat to take or fail to take a personnel action, which adversely affects the whistleblower, such as:
- A non-promotion
- A disciplinary action
- A detail, transfer or reassignment
- An unfavorable performance evaluation
- A decision concerning pay, benefits or awards
- A significant change in duties, responsibilities or working conditions
Who is Protected from Whistleblower Retaliation?
- PBGC employees
- Employees of PBGC contractors
- Employees of PBGC subcontractors and grantees for contracts that were entered into after July 1, 2013, and some contracts that were modified after July 1, 2013
What Types of Disclosures are Protected?
In order for your disclosure to be protected, you must have a reasonable, good faith belief that the allegations you are disclosing are truthful. There are five types of protected disclosures:
- A violation of law, rule, or regulation
- Gross mismanagement
- Gross waste of funds
- An abuse of authority
- A substantial and specific danger to public health or safety
The law also prohibits retaliation against government scientists who challenge censorship or make disclosures concerning the integrity of the scientific process if the censorship will cause one of the five types of misconduct described above.
Where Can You Report a Complaint of Whistleblower Retaliation?
OIG Hotline: If you are a PBGC employee, an employee of a PBGC contractor or an employee of a PBGC subcontractor, or grantee on a contract entered into or subject to a major modification after July 1, 2013, you may file a complaint with the OIG Hotline.
Office of Special Counsel (OSC): If you are a PBGC employee and wish to report whistleblower retaliation, you may wish to file a complaint directly with the OSC. The OSC is an independent federal investigative and prosecutorial agency with the responsibility to receive, investigate, and prosecute allegations of whistleblower retaliation. Unlike the OIG, the OSC has authority to seek corrective action from PBGC by negotiating with PBGC or, if that is unsuccessful, by filing a complaint with the Merit Systems Protection Board (MSPB) to enforce corrective action for the whistleblower and initiate disciplinary action against the individual responsible for the retaliation. Corrective action might include ordering a promotion, cancelling a disciplinary action, payment of back pay, compensatory damages, and attorney’s fees. Learn more information on OSC’s complaint process.
U.S. Office of Special Counsel Certification
The Office of Inspector General's compliance with 5 U.S.C. § 2302(c) obligations to inform PBGC's workforce of their rights and remedies under the whistleblower protection provisions of chapters 12 and 23 of Title 5 has been certified by the U.S. Office of Special Counsel. This certification is effective through December 2017.
Director's Memorandum to All PBGC Employees
In December 2020, PBGC Director Gordon Hartogensis highlighted his support for ongoing cooperation with the Office of Inspector General in a Corporation-wide email. In his message, the Director reminded PBGC employees that reprisals against employees who provide information or report allegations of waste, fraud, and abuse to OIG are against the law and Corporation policy.