The DC whistleblower protections apply to all District government agencies, including independent agencies, DC Public Schools, the University of D.C. Board of Trustees and the DC Housing Authority.
The DC Whistleblower Protection Act is designed to protect employees of the District government who “report waste, fraud, abuse of authority, violations of law, or threats to public health or safety” from retaliation and reprisal. DC Official Code § 1-615.51 et seq. In fact, the law requires DC employees to disclose violations concerning misuse of resources, fraud, waste, abuse of authority or a substantial and specific danger to the public health and safety. Supervisors are also required to make disclosures and failure to make the disclosure could subject the supervisor to discipline.
The law protects people who disclose wrongdoing by prohibiting a supervisor from taking or threatening to take an action against an employee because of the employee’s protected disclosure or because the employee refused to comply with an illegal order. The law also prohibits retaliatory procurement actions against contractors seeking to do business with the DC government.
There are several ways an employee might be able to file a complaint under DC’s whistleblower protection law. If the DC agency took a negative action that can be appealed through the DC Office of Employee Appeals, the employee can usually raise their whistleblower claim in their appeal of the underlying action to OEA. Similarly, the employee might be able to file under a union agreement, if the agreement provides protections for whistleblowing reprisal. Finally, the employee can probably also file a complaint in D.C. Superior Court. Each of these options involves different deadlines.
It’s important for an employee to know each option they might have, and the benefits, risks and costs of each option before choosing one. If the employee chooses to file under one option, they likely can’t file under another – so it’s important to make a wise choice. What’s best for one person might not be the right approach for someone else. If you think you’ve been a victim of whistleblowing reprisal, talk with one of our lawyers to learn your options and which might be best for you under your circumstances.
The DC whistleblowing protections apply to all District government agencies, including independent agencies, DC Public Schools, the University of D.C. Board of Trustees and the DC Housing Authority.
The DC whistleblowing protection law is designed to protect employees of the District government who “report waste, fraud, abuse of authority, violations of law, or threats to public health or safety” from retaliation and reprisal. DC Official Code § 1-615.51 et seq. The law requires DC employees to disclose violations concerning misuse of resources, fraud, waste, abuse of authority or a substantial and specific danger to the public health and safety. Supervisors are also required to make disclosures and failure to make the disclosure could subject the supervisor to discipline.
The law protects people who disclose wrongdoing by prohibiting a supervisor from taking or threatening to take an action against an employee because of the employee’s protected disclosure or because the employee refused to comply with an illegal order. The law also prohibits retaliatory procurement actions against contractors seeking to do business with the DC government.
There are several ways an employee might be able to file a complaint under the DC whistleblower protection law. If the DC agency took a negative action that can be appealed through the DC Office of Employee Appeals, the employee can usually file their whistleblower claim when they file their OEA appeal. Similarly, the employee might be able to file under a union agreement, if the agreement provides protections for whistleblowing reprisal. The employee can probably also file a complaint in court. Each of these options involves different deadlines.
It’s important for an employee to know each option they might have, and the benefits, risks and costs of each option before choosing one. If the employee chooses to file under one option, they likely can’t file under another – so it’s important to make a wise choice. What’s best for one person might not be the right approach for someone else. If you think you’ve been a victim of whistleblowing reprisal, talk with one of our lawyers to learn your options and which might be best for you under your circumstances.
