Difference between revisions of "Whistleblower Protection Laws"

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To be protected, the disclosure must be made to a Member of Congress or Congressional committee, an IG, the GAO, a federal employee responsible for contract or grant oversight or management at the relevant agency, an authorized official of DOJ or other law enforcement agency, a court or grand jury or a management official or other employee of the contractor or subcontractor who has the responsibility to investigate, discover, or address misconduct.
To be protected, the disclosure must be made to a Member of Congress or Congressional committee, an IG, the GAO, a federal employee responsible for contract or grant oversight or management at the relevant agency, an authorized official of DOJ or other law enforcement agency, a court or grand jury or a management official or other employee of the contractor or subcontractor who has the responsibility to investigate, discover, or address misconduct.
=='''Proving NDAA Whistleblower Retaliation'''==
The burden of proof and causation standard in [https://www.zuckermanlaw.com/ndaa-provides-robust-whistleblower-protection/ NDAA whistleblower cases] is very favorable to employees. The complainant prevails merely by demonstrating that the protected disclosure was a contributing factor in the personnel action, which can be met by showing knowledge and temporal proximity.
=='''Remedies for Prevailing NDAA Whistleblowers'''==
Remedies for prevailing whistleblowers in NDAA retaliation actions include reinstatement, back pay, uncapped compensatory damages (emotional distress damages) and attorney fees and costs.
=='''Procedures for Filing an NDAA Whistleblower Retaliation Claim'''==
An [https://www.zuckermanlaw.com/ndaa-provides-robust-whistleblower-protection/ NDAA retaliation claim] must be filed initially with the Office of Inspector of General of the agency that awarded the contract or grant about which the employee disclosed wrongdoing, and the statute of limitations is three years after the date of the reprisal.  The OIG will investigate the complaint and make recommendations to the agency head.  If the agency head fails to provide requested relief within 210 days, the whistleblower may bring an action in federal district court and try the case before a jury.