Confidentiality, Anonymity, & Whistleblower Protection

The IG Act and other pertinent laws protect persons making Hotline complaints.

Confidentiality

Complaints Made by EPA Employees

In accordance with section 7(b) of the Inspector General Act of 1978, as amended, the OIG shall not, after receipt of a complaint or information from an EPA employee, disclose the identity of the employee without the consent of the employee unless the Inspector General determines such disclosure is unavoidable during the course of an investigation. Any identifying information is confidential source material, and OIG employees must not disclose such information except to other OIG employees who have a need to know in connection with their official duties.

Complaints Made by Other Persons

Complainants who are not EPA employees do not have an automatic right to confidentiality under section 7(b) of the Inspector General Act of 1978. However, non-EPA employees may specifically request confidentiality, and the OIG will protect the confidentiality of such complainants to the maximum extent permitted by law (for example, by using applicable exemptions and exclusions of the Freedom of Information Act and applicable exemptions of the Privacy Act).

Anonymity

If you do not wish to disclose your identity, you may remain anonymous when contacting the OIG. However, please keep in mind that anonymity may impede a quick or thorough investigation or the success of a later prosecution.

Whistleblower Protection

Whistleblower Protection Act

     The Whistleblower Protection Act (WPA) provides protection rights for Federal employees against retaliation for whistleblowing activities. Under WPA, Federal employees may seek whistleblower protection from the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB) . OSC is an independent executive agency whose responsibilities include investigating whistleblowers' complaints and litigating cases before the MSPB. MSPB has the authority to enforce their decision and to order corrective and disciplinary actions. Actions ordered can include restoring one's job, reversing suspensions, taking disciplinary action against a supervisor, and reimbursing attorney fees, medical and other costs, and damages.

Protection Under Environmental Statutes

Whistleblower protection provisions are written into six environmental statutes:

• Clean Water Act (CWA)
• Clean Air Act (CAA)
• Safe Drinking Water Act (SDWA)
• Toxic Substances Control Act (TSCA)
• Solid Waste Disposal Act (SWDA)
• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Employers subject to the provisions of the above statutes may not discriminate against any employee who engages in whistleblowing activities related to the above statutes. The Department of Labor has found that Federal employees may be covered by these protections. Complaints may be filed with the Department of Labor's Occupational Safety and Health Administration (OSHA).