
The number of “prohibited personnel practice” complaints filed at the Office of Special Counsel has fallen over the last five years but the percentage of those complaints involving alleged retaliation for whistleblowing has increased, GAO has said.
While 59 percent of the roughly 4,000 complaints in 2018 involved whistleblower reprisal, that was the case with 74 percent of the roughly 2,100 brought to the OSC in 2022, a report said. At the same time, the percentage of cases with a “favorable” outcome to the complaining employee rose from 3 to 10 percent—a figure that includes settlements that are reached in about 1 percent of the cases.
Whistleblower retaliation is one of more than a dozen personnel practices listed as violations of merit principles from which federal employees can seek relief from the OSC. Others include for example political coercion, nepotism or other favoritism in hiring, and retaliation for exercising an appeal right.
The figures were part of a GAO report on whistleblowing allegations against the VA that was requested by the House Veterans Affairs Committee. It said the trends were about the same at the VA, where the number of complaints fell from about 1,400 to about 700, while the percentage of those involving whistleblowing rose from 64 to 77 percent.
VA also mirrored the overall trends in that the percentage of decisions favorable to employees there rose from 3 to 10 percent, also including settlements in 1 percent of cases. That further was roughly the case regarding the time to a resolution, 78 days for all complaints and 89 for whistleblower complaints overall vs. 86 and 96 days at the VA in 2022.
Looking only at VA whistleblower complaints, the GAO found that the OSC rejects 59 percent due to “insufficient evidence for further action.” Other outcomes apart from decisions favorable to the employee include that the matter fell under the EEOC’s jurisdiction instead, the employee withdrew the complaint or failed to supply requested additional information, and others.
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