Legal Definitions - Office of Special Counsel

The Office of Special Counsel (OSC) is an independent agency within the U.S. federal government. Its primary role is to protect federal employees from prohibited personnel practices, especially retaliation for reporting waste, fraud, or abuse (whistleblowing). The OSC also investigates other violations of civil service laws, rules, and regulations, including ensuring federal employees comply with restrictions on political activity under the Hatch Act.

If the OSC's investigation uncovers wrongdoing, it has the authority to take legal action, often by presenting the case before the Merit Systems Protection Board, which is an independent agency that hears appeals from federal employees and can impose disciplinary actions or order corrective measures.

• Example 1: A scientist working for a federal environmental agency discovers that her department is intentionally misreporting data to downplay pollution levels. She reports this misconduct to the agency's inspector general. Shortly after, her supervisor reassigns her to a less prestigious role with no clear justification and denies her a promotion she was previously promised. Feeling she is being punished for her disclosure, the scientist could file a complaint with the Office of Special Counsel.

  Explanation: In this scenario, the scientist is a whistleblower who believes she faced retaliation (a prohibited personnel practice) for reporting wrongdoing. The OSC would investigate whether the supervisor's actions were indeed retaliatory and violated civil service protections for whistleblowers. If the OSC finds evidence of retaliation, it could pursue disciplinary action against the supervisor or seek corrective action for the scientist.

• Example 2: A manager at a federal housing department is responsible for hiring new staff. Instead of selecting the most qualified candidates based on objective criteria, the manager consistently hires individuals who are personal friends or relatives, even when other applicants have superior qualifications and experience. An unsuccessful applicant or an internal employee who observes this pattern could report it to the Office of Special Counsel.

  Explanation: This situation describes a potential violation of merit system principles, specifically a prohibited personnel practice involving favoritism or improper hiring practices. The OSC would investigate whether the manager abused their authority by making hiring decisions based on factors other than merit, which is a violation of federal civil service laws designed to ensure fair and open competition for government jobs.

• Example 3: During an election year, a federal employee who works in a non-policy-making role uses their official government email account and office computer to send out numerous emails soliciting donations for a specific political candidate. They also display campaign posters in their government office and wear campaign buttons while on duty, actively encouraging colleagues to vote for their preferred candidate.

  Explanation: These actions could constitute a violation of the Hatch Act, which restricts the political activities of federal employees to ensure the neutrality of the federal workforce. The Office of Special Counsel is responsible for investigating alleged Hatch Act violations. If the OSC determines the employee used their official position or government resources for partisan political activity, it could recommend disciplinary action, ranging from suspension to removal from federal service.