The U.S. Office of Special Counsel (OSC) is the independent federal agency charged with protecting federal employees from prohibited employment actions by federal agencies. Specifically, OSC investigates allegations of prohibited personnel practices (PPP) which is defined under 5 U.S.C. § 2302(b)(9) and includes whistleblower retaliation, discrimination and violating merit systems principles. OSC processes thousands of complaints each year; in fiscal year 2022, OSC received more than 2,200 new PPP complaints.
Complaints filed with OSC are screened to determine whether the allegations are within OSC’s jurisdiction and, if so, whether further investigation is warranted. In some cases, OSC will decide not to pursue the complaint and the case will be closed. If OSC determines that a complaint is within OSC’s jurisdiction and is supported by evidence, the complainant should be prepared for several possibilities.
Settlement. In some cases, the OSC attorney or investigator assigned to the case may attempt to resolve the complaint through a negotiated settlement. This can be done through informal settlement discussions or, with the agreement of both of the parties, OSC may choose to conduct a mediation session with an OSC mediator. Any settlement reached must be approved by both the complainant and the federal agency.
Corrective Action. For cases where informal settlement is improbable or unsuccessful, OSC will...
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