Agencies may not impose nondisclosure agreements or similar policies without including language informing employees that their right to make whistleblowing disclosures overrides such policies. Image: Lightspring/Shutterstock.com
By: FEDweek StaffThe Peace Corps is the latest federal agency found to not be in full compliance with protections in whistleblower law related to non-disclosure agreements with their employees.
The inspector general report is among a series issued at the request of Sen. Charles Grassley, R-Iowa, after the then-head of the Office of Special Counsel started calling attention to the issue last year to potential violations of a provision of the Whistleblower Protection Enhancement Act.
Under that law, agencies may not impose nondisclosure agreements or similar policies without including language informing employees that their right to make whistleblowing disclosures overrides such policies.
Auditors said that in a review of the 23 Peace Corps documents deemed to be related to the anti-gag provision requirements, “we did not identify any instances of the statutorily mandated language included in the materials.”
However, the report added that the agency does have a template that includes the required disclaimer as part of any non-disclosure agreement in a settlement with an employee. In a review of six such agreements, the IG found that the language was included either verbatim or with minor changes that did not change the meaning.
Agency management agreed with a recommendation to modify relevant policies, procedures and forms to incorporate the required anti-gag provision.
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