If you are (or were) a federal employee and you experienced a prohibited personnel practice (PPP) or have information about a PPP or another prohibited activity, you may be eligible to file a complaint with the Office of Special Counsel (OSC). Along with the Equal Employment Opportunity Commission (EEOC) and the Merit Systems Protection Board (MSPB), the OSC is responsible for helping to protect federal employees’ rights and hold federal employers accountable when they violate the law.
But the OSC can only help protect your rights if you come forward.
If you are thinking about filing a complaint with the OSC, there is a lot you need to know. The process is complicated, and you must both initiate and navigate the process effectively in order to give the OSC the opportunity to do its job. With this in mind, while not legally required, hiring a federal employment lawyer is strongly recommended, and there are several ways an experienced federal employment lawyer will be able to help you in this scenario.
What to Know Before You File a Complaint with the OSC
Here is some important information to know before you file a complaint with the OSC:
The OSC Accepts Complaints Involving (Most) Prohibited Personnel Practices
Prohibited personnel practices (PPPs) fall into 14 categories. The OSC accepts complaints involving most PPPs; however, current and former federal employees may need to file certain types of complaints with the EEOC or MSBP, as discussed in greater detail below. With this in mind, the OSC generally accepts complaints involving:
- Discrimination based on marital status or political affiliation
- Discrimination due to conduct that does not adversely affect job performance
- Considering inappropriate recommendations
- Coercing political activity
- Obstructing competition
- Influencing withdrawal from competition
- Granting unauthorized advantage
- Nepotism
- Whistleblower retaliation
- Other forms of retaliation
- Veterans preference
- Violating rules that implement a merit system principle
- Imposing a nondisclosure agreement that doesn’t allow whistleblowing
- Accessing medical records in furtherance of a PPP
Before you file a complaint with the OSC, it will be important to ensure that the conduct you are intending to report falls within one of these 14 categories (unless you are blowing the whistle on other prohibited activity falling within the OSC’s jurisdiction, such as fraud, waste or abuse). If you file a complaint with the OSC when you aren’t eligible to do so, the OSC won’t be able to help you, and this could delay (and possibly even impair) your ability to seek appropriate remedies.
Certain Types of Complaints Must Be Filed with the EEOC, MSPB or Another Federal Authority
While the OSC accepts complaints involving most types of PPPs, current and former federal employees will need to file complaints with the EEOC, MSPB or another federal authority instead of the OSC in some cases. For example, as the OSC explains:
“For discrimination claims regarding race, color, religion, sex, national origin, age, or disability (or handicapping condition) . . . while OSC is authorized to investigate allegations of discrimination on these bases, there are Equal Employment Opportunity (EEO) procedures for investigating such complaints already established in agencies and the Equal Employment Opportunity Commission (EEOC). Therefore, to avoid duplicating those investigative processes, OSC generally defers complaints involving discrimination on these bases to the EEO process.”
The MSPB handles complaints involving disciplinary actions, furloughs, suspensions, reductions in force (RIFs), suitability disqualifications and various other federal employment-related matters. The MSPB and the U.S. Department of Labor (DOL) handle complaints involving discrimination and reemployment under the Uniformed Services Employment and Reemployment Rights Act (USERRA), and federal agencies handle certain types of complaints internally (including certain types of discrimination complaints, as noted in the quote above). Once again, if filing an OSC complaint is not the right choice in your specific circumstances, you will need to ensure that you file your complaint with the appropriate federal office or agency.
Filing an OSC Complaint Could Lead to Corrective Action By the MSPB
In some circumstances, it may make sense to file a complaint with the OSC as a first step toward seeking redress from the MSPB. For example, as the OSC explains with regard to reductions in force, “[i]f we are able to prove that a PPP occurred, OSC can send a PPP report to the agency and, if necessary, petition the Merit Systems Protection Board (MSPB) for corrective action.” If you have the option of filing a complaint with the PPP or going directly to the MSPB, you will want to consult with an experienced federal employment attorney so that you can make an informed decision about how best to proceed.
Filing an OSC Complaint Usually Starts with Submitting OSC Form-14
If filing a complaint with the OSC is the right choice under the circumstances at hand, this typically involves filing OSC Form-14 online. As the OSC makes clear, “OSC requires that you use OSC Form-14 in order to submit a complaint alleging a prohibited personnel practice or other prohibited activity within OSC’s jurisdiction.” Using OSC Form-14 is optional in cases involving other issues (i.e., agency wrongdoing that warrants a whistleblower complaint).
OSC Form-14 is 14 pages long, and it requires an extensive amount of information. Individuals who file OSC Form-14 must also certify that the information they are submitting is “true, complete and correct to the best of [their] knowledge and belief.” As the form makes clear, submitting false information or concealing material facts is a federal criminal offense punishable by a fine, imprisonment or both. This is yet another reason why it is well worth hiring an experienced federal employment lawyer to assist you.
Speak with a New York Federal Employment Lawyer at Bell Law Group in Confidence
Do you need to know more about reporting a prohibited personnel practice (or other prohibited activity) to the OSC? If so, we encourage you to contact us promptly. To speak with an experienced New York federal employment lawyer at Bell Law Group in strict confidence as soon as possible, please call 516-280-3008 or contact us confidentially online today.
