DOJ personnel may disclose to their management or the Office of the Inspector General (OIG), among others, concerns they have with government policies or actions. If you are a non-FBI DOJ employee and believe that you have suffered a reprisal because of a protected disclosure as described below, you may submit a retaliation complaint, pursuant to 5 U.S.C. § 2302, to the U.S. Office of Special Counsel (OSC) or the OIG Hotline. If you are an FBI employee, you may submit a retaliation complaint to the OIG Hotline or the DOJ Office of Professional Responsibility, pursuant to 5 U.S.C. § 2303. It is illegal for a Department employee to take or fail to take, or to threaten to take or fail to take a personnel action against a Department employee or applicant in reprisal for making a “protected disclosure”—that is, a communication (e.g., to a supervisor in the direct chain of command, the OIG, OSC, or Congress, among others) that reasonably evidences: a violation of any law, rule, or regulation; gross mismanagement; a gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety—or for cooperating with or disclosing information to the OIG or OSC.

Nothing in this Policy is intended to conflict with or limit whistleblower protections, such as those provided in 5 U.S.C. § 2302 (for non-FBI DOJ personnel) and 5 U.S.C. § 2303 (for FBI personnel) and applicable regulations. Rather, the provisions of this Policy “are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this [Policy] and are controlling.” 5 U.S.C. § 2302(b)(13)(A).

For more information on whistleblower rights and protections, see the Whistleblower Protection page on the OIG’s website at https://oig.justice.gov/hotline/whistleblower-protection.htm.

[updated October 2024]