This is the second in a series of three articles on whistleblowing.
Have I made a protected disclosure of the activity/activities?
In order to make a “protected disclosure” of the questionable activity, it is not enough that you point out to the person engaging in the activity that you believe his/her actions are, for example, unlawful, or an abuse of authority. The Federal Circuit, in Huffman v. OPM, 264 F.3d 1341 (Fed.Cir. 2001), held that an employee’s complaints to his supervisor concerning the supervisor’s own conduct were not “disclosures” protected by the WPA. Moreover, the Huffman court held that reports made as part of an employee’s assigned normal job responsibilities are not disclosures covered by the WPA when made through normal channels.
Thus, to make a protected disclosure, you must go beyond the individual committing the wrongdoing. You can be protected if you report the activity, for example, to: another supervisor; your agency’s Inspector General; the Office of Special Counsel; a federal regulatory agency; or a member of Congress.
Have I been subjected to a prohibited personnel action or threat in retaliation for my disclosure(s)?
In many cases, you can claim whistleblower retaliation under 5 U.S.C.