Whistleblower Protections
Whistleblowers perform an important service by reporting what they reasonably believe to be evidence of waste, fraud, abuse, or mismanagement. HUD employees, contractors, subcontractors, grantees, subgrantees, and personal services contractors are protected by law from retaliation for making a protected disclosure. In accordance with the Inspector General Act, as amended, the Whistleblower Protection Coordinator educates HUD employees, contractors, grantees, and personal services contractors about whistleblower protections and employees’ rights and remedies against retaliation for protected disclosure. The law does not permit the Whistleblower Protection Coordinator to act as a legal representative, agent, or advocate for current or former employees.
If you have questions, please contact the Whistleblower Protection Coordinator at [email protected]
Rights of Federal Employees to Contact OIG
Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to an Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.
For more information about rights of Federal employees to contact OIG, visit our rights of Federal employees to contact OIG page.
Federal Employee or Applicant Protections
The Inspector General Act of 1978, as amended at Section 3, requires the OIG to designate a Whistleblower Protection Coordinator, who shall educate agency employees about prohibitions on retaliation for protected disclosures, and employees’ rights and remedies against retaliation for protected disclosures.
The IG Act protects the confidentiality of HUD employees’ disclosures by prohibiting the OIG from disclosing the employee’s identity unless the OIG determines such disclosure is unavoidable during the course of the investigation. IG Act of 1978, Section 7(b).
For more information about whistleblower protections for Federal employee or applicant protections, visit our Federal employee or applicant protections page.
Employees of HUD Grantees, Contractors, Subgrantees, or Subcontractors
In 2013, Congress passed a law protecting employees of Federal grantees, contractors, and their subgrantees or subcontractors who disclose waste, fraud, abuse, or other violations in federal programs, from retaliation by their employer. Each OIG is tasked with reviewing and investigating retaliation complaints relating to the programs the OIG oversees.
For more information about whistleblower protections for employees of hud grantees, contractors, subgrantees, or subcontractors, visit our Federal contractor or grantee protections page.
Nondisclosure Agreements
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 or the Office of Special Counsel 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)).