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2	TOPICS 5 U.S.C. CHPTRS. 12, 23, 73 U.S. OFFICE OF SPECIAL COUNSEL (OSC) ● PROHIBITED PERSONNEL PRACTICES ● WHISTLEBLOWER PROTECTION
3	OFFICE OF SPECIAL COUNSEL (OSC) 5 U.S.C. §§ 1211-19; 5 C.F.R. PART 1800 AUTHORIZED TO — INVESTIGATE PROHIBITED PERSONNEL PRACTICES AND OTHER ACTIVITIES PROHIBITED BY CIVIL SERVICE LAW, RULE, OR REGULATION SEEK CORRECTIVE ACTION ON BEHALF OF INDIVIDUALS WHO ARE THE VICTIMS OF PROHIBITED PERSONNEL PRACTICES SEEK DISCIPLINARY ACTION AGAINST AGENCY OFFICIALS WHO COMMIT PROHIBITED PERSONNEL PRACTICES
4	OFFICE OF SPECIAL COUNSEL (OSC) 5 U.S.C. §§ 1211-19; 5 C.F.R. PART 1800 AUTHORIZED TO — PROVIDE A SAFE CHANNEL FOR WHISTLEBLOWER DISCLOSURES BY CURRENT AND FORMER FEDERAL EMPLOYEES, AND APPLICANTS FOR FEDERAL EMPLOYMENT ADVISE ON AND ENFORCE HATCH ACT PROVISIONS ON POLITICAL ACTIVITY APPLICABLE TO FEDERAL, STATE, AND LOCAL GOVERNMENT EMPLOYEES PROTECT THE REEMPLOYMENT RIGHTS OF FEDERAL EMPLOYEE MILITARY VETERANS AND RESERVISTS UNDER USERRA
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6	RESPONSIBILITIES OF AGENCY OFFICIALS 5 U.S.C. § 2302(c) AGENCY HEADS, AND OFFICIALS WITH DELEGATED PERSONNEL MANAGEMENT AUTHORITY, ARE RESPONSIBLE FOR — PREVENTING PROHIBITED PERSONNEL PRACTICES COMPLYING WITH AND ENFORCING CIVIL SERVICE LAWS, RULES, AND REGULATIONS ENSURING THAT EMPLOYEES ARE INFORMED OF THEIR RIGHTS AND REMEDIES (IN CONSULTATION WITH OSC)
7	KEY CONCEPTS MERIT SYSTEM PRINCIPLES THE FRAMEWORK AND FOUNDATION FOR MAKING ALL PERSONNEL DECISIONS IN THE CIVIL SERVICE PROHIBITED PERSONNEL PRACTICES ADMONITIONS AGAINST SPECIFIC PRACTICES THAT CONFLICT WITH MERIT SYSTEMS PRINCIPLES WHISTLEBLOWER DISCLOSURES OSC PROVIDES A SAFE CHANNEL FOR DISCLOSURES BY CURRENT AND FORMER FEDERAL EMPLOYEES AND APPLICANTS FOR FEDERAL EMPLOYMENT
8	PROHIBITED PERSONNEL PRACTICES: OVERVIEW 12 PROHIBITED PERSONNEL PRACTICES — FALL UNDER ONE OF FOUR GENERAL CATEGORIES: DISCRIMINATION HIRING PRACTICES THAT OFFEND MERIT SYSTEM RETALIATION FOR ENGAGING IN PROTECTED ACTIVITY (INCLUDING WHISTLEBLOWING) THE CATCH-ALL: VIOLATION OF LAWS, RULES OR REGULATIONS THAT IMPLEMENT MERIT SYSTEMS PRINCIPLES (INCLUDING VIOLATIONS OF CONSTITUTIONAL RIGHTS)
9	DISCRIMINATION PROHIBITED PERSONNEL PRACTICE TO DISCRIMINATE AGAINST AN EMPLOYEE: BASED ON RACE, COLOR, NATIONALITY, RELIGION, GENDER, HANDICAPPING CONDITION, AGE, MARITAL STATUS, OR POLITICAL AFFILIATION BASED ON “CONDUCT WHICH DOES NOT ADVERSELY AFFECT THE PERFORMANCE OF THE EMPLOYEE OR APPLICANT, OR THE PERFORMANCE OF OTHERS” 5 U.S.C. §§ 2302(b)(1) and (b)(10)
10	POLITICAL ACTIVITY PROHIBITED PERSONNEL PRACTICE TO: COERCE THE POLITICAL ACTIVITY OF ANY PERSON (INCLUDING PROVIDING OF ANY POLITICAL CONTRIBUTION OR SERVICE) TAKE ANY ACTION AGAINST AN EMPLOYEE OR APPLICANT FOR EMPLOYMENT AS A REPRISAL FOR THE REFUSAL OF ANY PERSON TO ENGAGE IN SUCH POLITICAL ACTIVITY 5 U.S.C. § 2302(b)(3)
11	HIRING OFFENSES OBSTRUCTING THE RIGHT TO COMPETE INFLUENCING WITHDRAWAL FROM COMPETITION UNAUTHORIZED PREFERENCES NEPOTISM CONSIDERING IMPROPER JOB REFERENCES KNOWINGLY VIOLATING VETERANS’ PREFERENCE 5 U.S.C. §§ 2302(b)(2); (b)(4); (b)(5); (b)(6);(b)(7); (b)(11)
12	HIRING OFFENSES MOST COMMON VIOLATIONS: DECEIVING OR WILFULLY OBSTRUCTING RIGHT TO COMPETE FOR EMPLOYMENT — 5 U.S.C. § 2302(b)(4) INFLUENCING WITHDRAWAL FROM COMPETITION IN ORDER TO IMPROVE OR INJURE EMPLOYMENT PROSPECTS OF ANOTHER — 5 U.S.C. § 2302(b)(5) GIVING AN UNAUTHORIZED PREFERENCE OR ADVANTAGE TO IMPROVE OR INJURE THE PROSPECTS OF ANY PARTICULAR PERSON FOR EMPLOYMENT — 5 U.S.C. § 2302(b)(6)
13	HIRING OFFENSES
14	HIRING OFFENSES CAVEATS: WHILE HIRING OFFENSES USUALLY REQUIRE INTENT TO DECEIVE OR MANIPULATE THE SYSTEM, IF A LAW, RULE, OR REGULATION IMPLEMENTING A MERIT SYSTEM PRINCIPLE IS VIOLATED IN THE PROCESS, THAT WOULD ALSO BE A PROHIBITED PERSONNEL PRACTICE. NEGLIGENCE OR IMPRUDENT ACTIONS CAN CREATE THE APPEARANCE OF A HIRING OFFENSE AND RESULT IN COMPLAINTS AND INVESTIGATIONS — E.G., BROADCASTING ONE’S CHOICE BEFORE COMPETITION IS HELD.
15	EXAMPLES OF HIRING OFFENSES MANAGER DELIBERATELY FAILS TO HAVE VACANCY ANNOUNCEMENT POSTED, TO PREVENT A PARTICULAR CANDIDATE FROM APPLYING FOR A VACANCY APPLICATION RECEIVED IS DELIBERATELY MISPLACED OR DESTROYED SUPERVISOR GIVES AN EMPLOYEE A DISHONEST RECOMMENDATION OR APPRAISAL TO KEEP VALUABLE EMPLOYEE OR TO HELP ANOTHER CANDIDATE
16	EXAMPLES OF HIRING OFFENSES SUPERVISOR ENCOURAGES A SUBORDINATE NOT TO COMPETE, OR TO WITHDRAW HIS OR HER APPLICATION, BY MAKING PROMISES OF FUTURE BENEFITS THAT SUPERVISOR DOES NOT INTEND TO KEEP CLOSED VACANCY ANNOUNCEMENT IS RE-OPENED TO PERMIT A FAVORED CANDIDATE TO APPLY
17	EXAMPLES OF HIRING OFFENSES JOB QUALIFICATIONS ARE MANIPULATED TO FAVOR A PARTICULAR APPLICANT A SUPERVISOR ADVISES A QUALIFIED EMPLOYEE NOT TO APPLY FOR A JOB IN ORDER TO IMPROVE ANOTHER EMPLOYEE’S CHANCES TO BE SELECTED
18	CATCH ALL PROHIBITED PERSONNEL PRACTICE
19	MERIT SYSTEM PRINCIPLES 5 U.S.C. § 2301(b) RECRUIT, SELECT, AND ADVANCE ON THE BASIS OF MERIT AFTER FAIR AND OPEN COMPETITION TREAT EMPLOYEES AND APPLICANTS FAIRLY AND EQUITABLY PROVIDE EQUAL PAY FOR EQUAL WORK AND REWARD EXCELLENT PERFORMANCE MAINTAIN HIGH STANDARDS OF INTEGRITY, CONDUCT, AND CONCERN FOR THE PUBLIC INTEREST
20	MERIT SYSTEM PRINCIPLES 5 U.S.C. § 2301(b) MANAGE EMPLOYEES EFFECTIVELY AND EFFICIENTLY RETAIN OR SEPARATE EMPLOYEES ON THE BASIS OF THEIR PERFORMANCE PROVIDE EMPLOYEES WITH EFFECTIVE TRAINING AND EDUCATION PROTECT EMPLOYEES FROM IMPROPER POLITICAL INFLUENCE PROTECT EMPLOYEES FROM REPRISAL FOR LAWFUL DISCLOSURES
21	RETALIATION 5 U.S.C. §§ 2302(b)(8); (b)(9)
22	ELEMENTS OF PROOF: REPRISAL FOR WHISTLEBLOWING 5 U.S.C. §§ 1214(b)(4)(A)-(B), 1221(e)
23	PROTECTED WHISTLEBLOWER DISCLOSURES 5 U.S.C. §§ 2302(b)(8), 1213 CATEGORIES OF DISCLOSURES A VIOLATION OF ANY LAW, RULE OR REGULATION GROSS MISMANAGEMENT MORE THAN DE MINIMIS GROSS WASTE OF FUNDS MORE THAN A DEBATABLE EXPENDITURE ABUSE OF AUTHORITY SUBSTANTIAL AND SPECIFIC DANGER TO PUBLIC HEALTH AND/OR SAFETY
24	PROTECTED WHISTLEBLOWER DISCLOSURES (cont’d) 5 U.S.C. §§ 2302(b)(8), 1213 GENERALLY PROTECTED WHEN MADE TO ANY PERSON (EXCEPT THE WRONGDOER) NEED NOT BE ACCURATE TO BE PROTECTED PROTECTED IF EMPLOYEE HAS A REASONABLE BELIEF THAT IT IS TRUE — TEST IS BOTH OBJECTIVE AND SUBJECTIVE
25	PROTECTED WHISTLEBLOWER DISCLOSURES (cont’d) 5 U.S.C. §§ 2302(b)(8), 1213 NO REQUIREMENT THAT EMPLOYEE GO THROUGH CHAIN OF COMMAND WHISTLEBLOWER’S PERSONAL MOTIVATION DOES NOT AFFECT REASONABLENESS OF A DISCLOSURE EMPLOYEE OR APPLICANT IS PROTECTED IF EMPLOYER MISTAKENLY BELIEVES HE OR SHE IS A WHISTLEBLOWER
26	PROTECTED WHISTLEBLOWER DISCLOSURES (cont’d) 5 U.S.C. §§ 2302(b)(8), 1213
27	CONTRIBUTING FACTOR ANY FACTOR WHICH ALONE OR IN CONNECTION WITH OTHERS TENDS TO AFFECT IN ANY WAY THE OUTCOME OF THE PERSONNEL ACTION AT ISSUE CAN BE ESTABLISHED BY KNOWLEDGE / TIMING ALONE OFTEN ESTABLISHED BY CIRCUMSTANTIAL EVIDENCE
28	CLEAR AND CONVINCING EVIDENCE (AGENCY DEFENSE) AGENCY DEFENDS PERSONNEL ACTION BY SHOWING — BY CLEAR AND CONVINCING EVIDENCE — THAT IT WOULD HAVE TAKEN THE SAME ACTION WITHOUT THE DISCLOSURE. FACTORS: STRENGTH OF THE EVIDENCE IN SUPPORT OF THE PERSONNEL ACTION EXISTENCE AND STRENGTH OF MOTIVE TO RETALIATE TREATMENT OF SIMILAR EMPLOYEES WHO ARE NOT WHISTLEBLOWERS
29	CORRECTIVE ACTION: 5 U.S.C. § 1214
30	CORRECTIVE ACTION (cont’d) 5 U.S.C. § 1214 IF THE AGENCY DOES NOT TAKE THE CORRECTIVE ACTION REQUESTED WITHIN A REASONABLE PERIOD OF TIME, OSC MAY FILE A PETITION FOR CORRECTIVE ACTION WITH THE MERIT SYSTEMS PROTECTION BOARD
31	CORRECTIVE ACTION (cont’d) 5 U.S.C. § 1214
32	DISCIPLINARY ACTION 5 U.S.C. § 1215
33	DISCIPLINARY ACTION (cont’d) 5 U.S.C. § 1215
34	DISCIPLINARY ACTION (cont’d) 5 U.S.C. § 1215
35	DISCIPLINARY ACTION (cont’d) 5 U.S.C. § 1215
36	OSC’S MANAGEMENT ADVICE BE MEASURED IN YOUR SPEECH AND ACTIONS KEEP THE MERIT SYSTEMS CONCEPTS ON YOUR RADAR SCREEN SEEK EXPERT ADVICE WHEN YOU ARE UNSURE DEAL WITH PROBLEMS AS THEY OCCUR TO AVOID THE APPEARANCE OF BAD MOTIVE BE CONSISTENT IN YOUR MANAGEMENT OF YOUR EMPLOYEES DO YOUR BEST NOT TO BE SOMEONE ABOUT WHOM THE WHISTLE IS BLOWN
37	WHISTLEBLOWER DISCLOSURES 5 U.S.C. § 1213 THE OFFICE OF SPECIAL COUNSEL PROVIDES A SAFE CHANNEL FOR WHISTLEBLOWER DISCLOSURES BY FEDERAL EMPLOYEES, FORMER FEDERAL EMPLOYEES, AND APPLICANTS FOR FEDERAL EMPLOYMENT
38	WHISTLEBLOWER DISCLOSURES 5 U.S.C. § 1213 JURISDICTIONAL ELEMENTS COVERED AGENCY MOST EXECUTIVE BRANCH AGENCIES COVERED POSITION A DISCLOSURE MUST BE RELATED TO AN EVENT THAT OCCURRED IN CONNECTION WITH THE PERORMANCE OF AN EMPLOYEE’S DUTIES AND RESPONSIBILITIES
39	WHISTLEBLOWER DISCLOSURES 5 U.S.C. § 1213 (b) OSC DOES NOT HAVE INVESTIGATIVE AUTHORITY BY STATUTE, OSC SHALL MAKE A SUBSTANTIAL LIKELIHOOD DETERMINATION WITHIN 15 DAYS AFTER RECEIVING INFORMATION FROM A WHISTLEBLOWER SUBSTANTIAL LIKELIHOOD IS DEFINED AS THE DETERMINATION THAT THE AGENCY IS MORE LIKELY THAN NOT TO FIND THE ALLEGATION SUBSTANTIATED AT THE CONCLUSION OF ITS INVESTIGATION IN MAKING THE SUBSTANTIAL LIKELIHOOD DETERMINATION, OSC FOLLOWS THE MERIT SYSTEM PROTECTION BOARD DEFINITIONS OF A GROSS WASTE OF FUNDS, GROSS MISMANAGMENT, AND AN ABUSE OF AUTHORITY
40	WHISTLEBLOWER DISCLOSURES 5 U.S.C. § 1213 (c) REFERRALS-- IF THE SPECIAL COUNSEL MAKES A POSITIVE DETERMINATION THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT THE INFORMATION DISCLOSES ONE OR MORE OF THE NOTED CATEGORIES OF WRONGDOING, THE SPECIAL COUNSEL MUST TRANSMIT THE INFORMATION TO THE AGENCY HEAD
41	WHISTLEBLOWER DISCLOSURES
42	WHISTLEBLOWER DISCLOSURES
43	WHISTLEBLOWER DISCLOSURES THE AGENCY’S REPORT AND ANY COMMENTS PROVIDED BY THE WHISTLEBLOWER ARE TRANSMITTED TO THE PRESIDENT AND THE CONGRESSIONAL OVERSIGHT COMMITTEES WITH JURISDICTION OVER THE AGENCY THAT THE DISCLOSURE INVOLVES 5 U.S.C. § 1213 (e)(3)
44	WHISTLEBLOWER DISCLOSURES IF THE SPECIAL COUNSEL DOES NOT MAKE A POSITIVE DETERMINATION THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT THE INFORMATION DISCLOSES ONE OR MORE OF THE CATEGORIES OF WRONGDOING, THE SPECIAL COUNSEL INFORMS THE WHISTLEBLOWER THE REASONS WHY THE DISLSOURE MAY NOT BE FURTHER ACTED ON, AND DIRECTS THE WHISTLEBLOWER TO OTHER OFFICES AVAILABLE FOR RECEIVING DISCLSOSURES—5 U.S.C. § 1213 (g)(3)
45	OSC WEB SITE (http://www.osc.gov)
46	OSC PHONE / E-MAIL CONTACTS
47	OSC MAIL CONTACTS