GAO has criticized the Energy Department’s program for protecting whistleblowing employees of its contractors, in findings that echo common criticisms of the government’s whistleblower protections for its own employees.
GAO said the protections for contractor employees are “difficult for them to navigate without legal assistance because it includes filing motions and appeals and arguing before an administrative judge.” For example, one case GAO reviewed was dismissed on grounds the complaint was too vague; when the employee provided more specific information the case was dismissed because it was considered a recharacterization of events.
Further, GAO said, DoE rarely uses its powers against the employer. It has issued only two notices of violations against contractors in 20 years, and in 2013 it decided that it does not have the authority to enforce a key aspect of policies that prohibit retaliation for nuclear safety-related issues—despite having taken such enforcement actions previously.
“Also, DoE has taken limited or no action to hold contactors accountable for creating a chilled work environment—in part because DoE has not clearly defined what constitutes evidence of a chilled work environment or the steps needed to hold contractors accountable,” it said.
One result, it added, is lack of reliability in one of the means DoE uses to assess the program, surveys of contractor employees. Response rates are as low as 5 percent in some cases, which GAO attributed to fear of retaliation even though those surveyed are promised anonymity.