Whistleblower protection policies at the FBI have inconsistencies that “have resulted in gaps in protecting FBI personnel from retaliation and ensuring that FBI personnel are held accountable for retaliation,” an inspector general report has said.
A management alert report called attention to differences that have arisen “during multiple investigations of allegations of retaliation by FBI personnel.”
For example, while a policy directive purports to protect from retaliation all “personnel”—including contractors, interns, task force officers, and detailees—who make reports of compliance concerns, the offense code only provides penalties for retaliatory actions taken against FBI “employees.”
Similarly, while the offense code “protects FBI employees from retaliation when they make a protected disclosure or exercise ‘any other legitimate right authorized by the FBI,’” the policy directive requires FBI personnel to have reported a “compliance concern.”
Also, because the offense code “only provides a penalty for taking or threatening to take an ‘adverse employment action,’ its penalty coverage appears to be more limited” than a policy prohibiting “engaging or threatening to engage in conduct, direct or indirect, that adversely affects” FBI personnel who report compliance concerns.
The IG said that management “has indicated that it does not object to modifying its offense codes and penalty guidelines in response to our recommendation and intends to do so in the near future.”
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