OSC Resolves Whistleblower Retaliation Claims After Issuing Report to the National Science Foundation

March 20, 2018

OSC has resolved allegations that the National Science Foundation engaged in prohibited personnel practices  when it retaliated against an employee .

The U.S. Office of Special Counsel (OSC) has resolved allegations that the National Science Foundation (NSF) engaged in prohibited personnel practices (PPPs) when it retaliated against an employee it perceived as a whistleblower and who engaged in protected activity under the Whistleblower Protection Act.

Specifically, OSC investigated allegations that NSF changed the complainant’s initial appointment from a career appointment to a term appointment because of his reputation as a whistleblower and  association with the NSF’s Office of Inspector General. Later, NSF failed to select the complainant for the position he occupied at the end of his term appointment in retaliation for a protected disclosure, his  previously mentioned reputation as a whistleblower, and his association with the NSF’s Office of Inspector General. OSC found that the change in the appointment and the subsequent non-selection violated two provisions of the Whistleblower Protection Act: (1) 5 U.S.C. § 2302(b)(8), which prohibits retaliation for making a protected disclosure; and (2) 5 U.S.C. § 2302 (b)(9), which prohibits retaliation for engaging in protected activity, such as cooperating with an investigation by an agency’s inspector general or OSC.

OSC issued a report on the prohibited personnel practices at NSF. The report contains OSC’s  investigative findings and is posted to OSC’s website to better educate the federal workforce and help prevent future prohibited personnel practices. The PPP report can be found here.

After receiving OSC’s report, NSF took actions that were consistent with OSC’s recommendations, to include settling with the complainant and requiring training on prohibited  personnel practices for senior management and staff. OSC did not seek disciplinary action because, in part, the responsible official(s) left federal service.

“This case and its resolution underscore that the law is clear: Agencies may not retaliate against employees for protected whistleblowing,” Special Counsel Henry J. Kerner said.  “I appreciate the work of everyone involved to resolve the case, which will help educate the federal workforce about prohibited personnel practices going forward.”