Protecting Yourself: A Multi-Pronged Approach

As a federal employee, you may face situations where you receive directives that are not just questionable, but potentially illegal or unethical such as the one issued to many Federal employees on, or around, January 22, 2025, regarding snitching on Diversity, Equity, Inclusion & Accessibility (DEIA) programs. When that happens, it's vital to respond strategically and protect yourself and your colleagues. Here's a comprehensive guide to help you navigate such circumstances:

• Meticulously document all communications related to the directive. This includes the original order, any follow-up instructions, emails, and conversations. Make sure to note the date, time, and participants. Store these documents securely. 
• Keep a detailed record of any changes to job descriptions or personnel actions that appear to be related to the directive. This could be critical evidence of prohibited personnel practices.
• Note any instances of coercion, pressure or intimidation to report on colleagues or halt certain types of work.
• Track any negative changes in your work environment, such as a drop in morale or an increase in hostility, that result from the directive.
• It is important to keep a record of the chilling effect that such orders have on the workforce, that is any changes in behavior that employees may make that result from the directive out of fear of retaliation. Keep a record of how you are feeling and any ill health responses.

When you've documented your concerns, it's time to address them through formal channels. 

Here are the key reporting avenues:

• Office of Special Counsel (OSC) Complaint: File a formal complaint with the OSC, which is specifically designed to investigate prohibited personnel practices and whistleblower retaliation. See https://osc.gov/Services/Pages/PPP.aspx

• Be sure to highlight any violations of 5 U.S.C. § 2302(b)(8) and (9). For example, if you are directed to take personnel actions against employees because of their participation in DEIA programs or if you have been directed to report on changes to contracts or personnel descriptions, that should be highlighted as a potential violation of law.

• Agency Inspector General (IG) Complaint: File a complaint with your agency's IG, who has the power to investigate waste, fraud, and abuse. Make sure to include details on how the directive might lead to violations of laws, rules, and regulations, and how it could result in the waste of taxpayer dollars.

• Agency Grievance Process: Utilize any existing grievance procedures within your agency. These are formal channels for challenging management actions. Your collective bargaining agreement may outline how these grievances work.

• Employee Association or Union Engagement: Contact any relevant employee associations or unions; they can provide legal resources and support. A group complaint is often more impactful than one filed individually.

• Congressional Representative Contact: Reach out to your congressional representatives or their staff, as a congressional inquiry can bring needed scrutiny to the agency's actions. (Follow agency and ethics guidelines, hatch act, etc.) 

• Remember the Whistleblower Protection Act of 1989, which protects employees who report waste, fraud, and abuse. Be sure to explain how the directive is based on executive orders, not laws, rules, or regulations, which undermines your legal protections.

• Work with affinity groups or employee resource groups who are likely to be affected by the directive. They may be able to offer support and collective action plans.

• Share resources and knowledge with employee groups and co-workers who are being impacted by the directive.

• Highlight that the directive violates the merit system principles detailed in 5 U.S.C. § 2301 and implemented by 2302(b)(11). The directive and its enforcement undermine principles of fairness, transparency, and equal opportunity, which are central to the merit system.

• Point out that the directive undermines the principle that employees should be protected against reprisal for lawfully disclosing information about violations of law, rule, or regulation, or gross mismanagement.

• Make it clear that the directive is creating a hostile work environment, thereby violating the spirit and letter of the merit system. Also take note of the fact that the directive may be soliciting information through unofficial channels, in violation of transparency requirements.

• Consult with an attorney experienced in federal employment law. They can advise you on the best course of action, help ensure your formal complaints are as effective as possible and can ensure you understand your rights and protections under federal law.

• Be prepared to speak with the media, if other channels fail to bring about the needed change. Carefully controlled exposure of the directive and its negative consequences can sometimes draw attention to the issue.

• Confidentiality: Be careful about who you discuss the order with, as any communication could be monitored and used against you. Follow rules about Agency equipment use.

• Safety: Your personal safety should be a priority. Have a plan for what to do if your concerns are not well-received, and consider building a support network with colleagues.

• Patience and Persistence: Resolving these types of issues often takes time. Be prepared for a potentially lengthy process, and stay the course.

All information on this website is to be considered self-help best practices and recommendations and is not intended to be legal advice.