It is unlawful for your employer to retaliate against you for making a “protected disclosure.” A disclosure is protected if it meets two criteria:

1. The disclosure must be based on a reasonable belief that wrongdoing has occurred. The definition of wrongdoing varies slightly depending on your place of employment.
   
   
2. The disclosure must also be made to a person or entity that is authorized to receive it. Employees who reasonably believe they have evidence of wrongdoing are always protected for submitting that information to the OIG Hotline. However, as explained in the chart below, the other authorized audiences are different, depending on your place of employment.

A disclosure of waste, fraud, or abuse that includes classified information is not a protected disclosure under the whistleblower laws unless the disclosure is made in accordance with the laws and rules that govern the proper handling and transmission of classified information. For example, you are not protected for disclosing classified information to an unauthorized recipient, even if you reasonably believe the information is evidence of waste, fraud, or abuse. You can make a protected disclosure of classified information to the OIG, but the information may not be transmitted using the OIG’s unclassified hotline. For more information on how to properly provide classified information to the OIG, please contact the OIG’s hotline at (800) 869-4499 or the OIG Whistleblower Protection Coordinator.

In addition, section 8H of the Inspector General Act sets forth a detailed process for employees in the Intelligence Community, including FBI employees and employees of FBI contractors, who intend to provide classified information to Congress. Prior to initiating a report of classified information under section 8H of the Inspector General Act, the employee should carefully review the Inspector General Act’s provisions or contact the OIG Whistleblower Protection Coordinator for additional information.

The Inspector General Act requires the DOJ OIG to designate an individual to serve as the OIG’s Whistleblower Protection Coordinator. The OIG’s Whistleblower Protection Coordinator carries out a number of key functions, including:

• Educating DOJ employees and managers about prohibitions on retaliation for protected disclosures;
• Educating employees who have made or are contemplating making a protected disclosure about the rights and remedies available to them;
• Ensuring that the OIG is promptly and thoroughly reviewing complaints that it receives, and that it is communicating effectively with whistleblowers throughout the process; and
• Coordinating with the U.S. Office of Special Counsel, other agencies, and non-governmental organizations on relevant matters.

The OIG Whistleblower Protection Coordinator cannot act as a legal representative, agent, or advocate for any individual whistleblower.

For more information, you may contact the OIG Whistleblower Coordinator program.

Pursuant to the Whistleblower Protection Enhancement Act of 2012, the following statement applies to non-disclosure policies, forms, or agreements of the federal government with current or former employees, including those in effect before the Act’s effective date of December 27, 2012:

“These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive Order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive Orders and statutory provisions are incorporated into this agreement and are controlling.”

The controlling Executive Orders and statutory provisions in the event of any conflict with a non-disclosure policy, form, or agreement include, as of March 14, 2013:

• Executive Order No. 13526 (governing classified national security information);
• Section 7211 of Title 5, United States Code (governing disclosures to Congress);
• Section 1034 of Title 10, United States Code as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military);
• Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act of 1989 and the Whistleblower Protection Enhancement Act of 2012 (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats);
• Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents);
• The statutes which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, and 952 of Title 18, United States Code; and
• Section 4(b) of the Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)).