Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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A. References
• Whistleblower Protection Act of 1989 (5 USC § b Military Whistleblower Protection Act (10 USC § 1034).
• DoDD 7050.06, Military Whistleblower Protection, 17 April 2015.
• Army Regulation 600-20, Army Command Policy, 6 November 2014.
B. Overview
The Whistleblower Protection Acts protect both civilian employees and military service- members from reprisal for having disclosed certain information evidencing wrongdoing.
C. Civilian Employee Protections
The Whistleblower Protection Act of 1989 (WPA) protects civilian employees from reprisal for having disclosed certain information evidencing wrongdoing in Agency operations.
1. What is Whistleblowing?
“Whistleblowing” is when an employee lawfully discloses information to a Member of Congress, an Inspector General, or agency officials that he or she reasonably believes evidences a violation of any law, rule, or regulation gross mismanagement gross waste of funds an abuse of authority, or a substantial and specific danger to public health or safety. The WPA prohibits retaliation against whistleblowers. It is unlawful for agencies to take an unfavorable personnel action against an employee because he or she lawfully disclosed information in one of the above categories.
2. Protections
Under the Civil Service Reform Act, federal agency heads, supervisors, and personnel officials are responsible for preventing prohibited personnel practices, to include reprisal for whistleblowing.
A federal agency violates the WPA if any employee who can take, direct others to take, recommend or approve any personnel action, takes or fails to take (or threatens to take or fail to
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Whistleblower Protection
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take) an unfavorable personnel action with respect to any employee or applicant because of the exercise of any appeal right granted bylaw, rule, or regulation, or for testifying for or assisting another employee in the exercise of an appeal right.
The WPA provides for an individual right of action before the Merit Systems Protection Board for federal employees and applicants who allege that they were subjected to any personnel action because of whistleblowing.

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