Perfected Allegations: Multiple Prohibited Personnel Practices: June 2012 to May 2015
This section examines allegations of wrongdoing by DoL officials that occurred in the context of disclosures of wrongdoing made to responsible management officials between June 2012 and May 2015, qualifying them asprohibited personnel practices (PPP) [5 U.S. Code, ⸹2302(b]subject to investigation and correction under federal law [the OSH Act and federal Whistleblower Protection Act], making the distinction between private-sector and federal whistleblowing clearer.
While there are similarities between private-sector whistleblowers and federal whistleblowers, they begin to diverge in the way they are defined and protected. Private-sector whistleblowers, such as the ones in Section D, act with a degree of discretion: they can choose to be or avoid being a whistleblower. Thus, when they choose to report specific and substantial threats to safety, health and financial security, they likely act with multiple deeply held personal/ethical/moral motives.
Federal employees do not have the discretion to act, because they are bound by federal ethics law to report waste, fraud, abuse of authority and corruption to appropriate officials as a condition of their federal employment [CFR 2635.1001(11)]. This requirement reflects the long-standing effort to protect the policies of transparency and accountability and acts as a reminder that federal employees who do not honor this ethical requirement can be removed and, depending on the circumstances, be found to be accomplices in criminal wrongdoing. Thus, when violations of this ethical requirement are found, they often reflect the failure of senior federal managers to instruct employees about federal ethics law.
