Ten Frequently Asked Questions About Whistleblowing

Federal laws like the Whistleblower Protection Act empower current and former executive branch employees to disclose information about a violation of any law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; or a substantial and specific danger to public health or safety. 

If you decide to blow the whistle, there are many places where you can make a disclosure: Whistleblowers often disclose information to their manager or colleagues, their agency’s inspector general, the Office of Special Counsel (OSC), members of Congress, the media, or nongovernmental organizations (NGOs). This might include filling out an online form, sending an email, calling a hotline, or receiving assistance from a whistleblower protection coordinator, investigator, or another person who is responsible for working directly with whistleblowers. 

While legal protections are in place to protect whistleblowers from retaliation, not all federal employees are covered by the same laws, and not all types of disclosures are protected. Some types of federal sector employees, including intelligence or FBI employees, must make their whistleblower disclosures to government channels to receive protection against retaliation. And only federal civilian whistleblowers can bring retaliation cases to OSC or the Merit Systems Protection Board (MSPB). Disclosures involving classified information by any type of federal sector employee must also be conveyed to a government channel for the employees to receive whistleblower protections — classified disclosures to the press, public, or NGOs are not protected.

Being a protected whistleblower does not require definitive proof or firsthand knowledge of wrongdoing. Whistleblowers are protected for disclosing information they reasonably believe shows evidence of wrongdoing, which can be information they learn about indirectly.

What should I do if my supervisor tells me to do something I think is illegal or unethical? 

The Whistleblower Protection Act explicitly protects employees when they refuse to obey an order that would require them to violate a law, rule, or regulation. Many employees do not know they have the right to say no, or they might be too fearful to invoke it. However, the refusal to obey unlawful orders is not only a right — it’s a requirement under employees’ oath of office. Participating in unlawful activity may jeopardize your job and career. 

That said, there are important distinctions regarding your protections, and you may want to consider speaking with an attorney if you believe an order is unlawful. If time is of the essence, you can ask for a written policy, explanation, or clarification. Consider your options to blow the whistle and report misconduct to either an internal or external audience.

If I witness or learn about illegal or unethical behavior, can agencies prevent me from speaking to Congress or the media?
Federal employees do have First Amendment rights, but there are restrictions. Generally, you are protected if you are speaking in your personal capacity as a private individual about a matter of public concern, and if your speech does not interfere with your job (for example, federal employees are not allowed to engage in activity directed towards the success or failure of partisan candidates or political parties while at work). 

Additionally, under the Whistleblower Protection Enhancement Act, agencies cannot force a gag order or non-disclosure agreement without informing you of your right to blow the whistle and communicate with Congress, inspectors general, and OSC.

You are not required to disclose your identity when you blow the whistle, and trusted audiences like POGO are experienced in working with whistleblowers while also protecting their anonymity. Ultimately, choosing whether and how to reveal your identity is a personal decision.

Sometimes it is advantageous not to be anonymous. Sharing your name can make it easier for investigators to follow up with you for more information and could make it easier to prove retaliation by showing the agency is targeting you specifically for blowing the whistle. However, POGO has also investigated times that an agency inspector general leaked whistleblowers’ names. Proceed with caution.

Consult Caught Between Conscience and Career, a comprehensive guide published by POGO, Government Accountability Project, and Public Employees for Environmental Responsibility (PEER). This resource includes many helpful tips and considerations in advance of whistleblowing, including having a well-thought-out plan, consulting your loved ones, getting legal advice early, alternatives to whistleblowing, and more.

Federal law prohibits retaliation against employees who blow the whistle lawfully. Retaliation may take the form of more overt actions, such as being fired, demoted, or reassigned, receiving a pay cut, or losing a security clearance. Retaliation can also be more covert, such as being denied meaningful work, being ostracized, suddenly being given poor performance evaluations, or being subjected to other significant changes in duties, responsibilities, or working conditions.

If you experience retaliation after blowing the whistle, you can file a retaliation claim with the Office of Special Counsel, and sometimes directly with the Merit Systems Protection Board (MSPB), two independent agencies responsible for protecting federal employees against prohibited personnel practices, including whistleblower retaliation. MSPB’s website explains the situations when federal employees can directly file with it.

While the Whistleblower Protection Act protects most federal executive branch employees, there are many exceptions to this law, including for military service members and intelligence community employees. This does not mean that these employees are unprotected, but their whistleblower protections are included throughout a patchwork of different laws. The House Office of the Whistleblower Ombuds has extensive resources that explain the specific nuances in these laws for different employees, roles, agencies, and sectors.

What are the pros and cons of blowing the whistle to different people?
There is not necessarily a “best” place to blow the whistle: It depends on the specific circumstances of your claim and situation, as well as personal considerations. However, there can be certain advantages or disadvantages to blowing the whistle to different audiences.

Blowing the whistle to Congress can sometimes get quicker results through congressional oversight, public hearings, legislation, and shedding more light on the wrongdoing you expose. However, members of Congress have their own policy and political agendas and priorities; some offices and staffers may be less knowledgeable and inexperienced when it comes to working with whistleblowers; and it is more cumbersome to disclose classified information, which may only be done through specific lawful methods.

Blowing the whistle to the media comes with similar risks and rewards. It can be a quicker way to get more immediate exposure, however it’s important to remember that reporters are not your friends. They can have their own biases and agendas, and you may have less control over how your information and the role you have played are represented.

Blowing the whistle internally, to an inspector general, your manager, or another authorized individual, means fewer restrictions on disclosing information, especially information that is classified or confidential, and it may offer more security to maintain anonymity. For example, an inspector general cannot legally disclose your identity without your consent, unless they determine doing so is unavoidable during their investigation. However, even more independent entities like inspector general offices may ultimately still answer to agency leadership and the administration, even sometimes allegedly engaging in retaliation themselves. 

Do your research carefully and make an informed decision before blowing the whistle to a trusted audience.

Technically, your rights in the current environment have not changed. But practically, there are additional considerations to keep in mind. As of April 2025, the Trump administration has attacked elements of the whistleblower ecosystem by firing 18 inspectors general and the head of the Office of Special Counsel. 

Inspectors general offices (including those whose heads have been fired) and OSC are still staffed by career civil servants. But it’s important to note that the independence of these offices has been undermined by the removal of their Senate-confirmed leaders.  

Should I still file an appeal with the Merit Systems Protection Board?

There are three broad ways to seek redress if you believe you have faced retaliation: 1) appealing directly to the MSPB; 2) filing with the OSC, then appealing to the MSPB; or 3) utilizing a grievance procedure. But please be aware that “whichever remedy is sought first by an aggrieved employee is deemed an election of that procedure and precludes pursuing the matter in either of the other two forums,” according to the Office of Special Counsel (Italics added).

If the circumstances of your case allow you to directly file with the MSPB or if you have first gone to OSC and it has been more than 120 days, you might want to consider filing an appeal with the MSPB, even if the Board’s makeup changes or it no longer has a quorum. There are still administrative law judges to rule on appeals, and you can further appeal their decisions to federal court, even absent a quorum.

If you are covered by a collective bargaining agreement, you may have recourse to a grievance procedure that you may want to consider. 

Yes. People do win retaliation cases, but it is often a long, difficult, and emotionally exhausting process. You can best help yourself by knowing your rights, talking to a lawyer early, and meticulously documenting evidence and communications to help your case. 

Even with a strong case and a good lawyer, it is not uncommon for whistleblower retaliation cases to last for years and take a significant toll on whistleblowers’ mental and emotional health and wellbeing. Be prepared for a lengthy fight, and try to lean on your support network of friends, family, colleagues, and other whistleblowers to help you get through this process.