The Energy Department has announced several changes to its policies on protecting whistleblowing employees of its contractors in light of a recent GAO report critical of its practices, while also reemphasizing a disclosure channel available to both contractor and in-house employees.
GAO concluded that the protections for contractor employees are difficult for them to navigate and that DoE rarely uses its powers against the employer.
In response, the department’s general counsel’s office said it has issued guidance to personnel responsible for entering into and administering contracts clarifying that a contractor is not necessarily entitled to reimbursement of costs of defending against a whistleblower complaint even if the company prevails. Also, DoE has proposed a policy to clarify that it can assess civil penalties against contractors and subcontractors for retaliating against any employee who raises concerns relating to nuclear safety.
“In cases where an employer can be shown to have retaliated against whistleblowers, department regulations allow for reinstatement, back pay and reimbursement of reasonable costs such as attorneys’ fees,” the announcement said.
“And we have committed to strengthening further our Employee Concerns Program, with the aim of providing an alternative for employees to be heard when they are unable to talk to their supervisors or otherwise find that traditional methods won’t work. We will ensure that the Employee Concerns Program is independent and free from conflicts of interest,” it said.
