Legal Definitions - OSC

OSC stands for the Office of Special Counsel.

The Office of Special Counsel (OSC) is an independent federal agency in the United States. Its main purpose is to protect federal employees from prohibited personnel practices, especially those who report waste, fraud, and abuse within government agencies (known as whistleblowers). The OSC also enforces the Hatch Act, which restricts the political activities of federal employees, and handles cases related to military members' reemployment rights. In essence, it acts as a guardian of the federal merit system and a protector of federal whistleblowers.

• Example 1: A federal scientist discovers that their agency is approving projects based on flawed data, potentially endangering public safety. They report this information to their supervisor, but shortly after, they are suddenly reassigned to a remote, unrelated position with no explanation.

  Explanation: This scenario illustrates the OSC's role in protecting whistleblowers. The scientist could file a complaint with the OSC, alleging that their reassignment was a retaliatory "prohibited personnel practice" for making a protected disclosure about waste or mismanagement. The OSC would then investigate whether the agency's action was indeed retaliation and seek appropriate corrective measures.

• Example 2: During an election year, a high-ranking federal manager sends emails from their official government account to subordinates, encouraging them to donate to a specific political campaign and attend campaign rallies, implying that their career prospects might be affected by their participation.

  Explanation: This example demonstrates a potential violation of the Hatch Act, which the OSC enforces. Using an official position to influence political activity or coerce subordinates into supporting a political campaign is prohibited for most federal employees. The OSC would investigate such a complaint and could recommend disciplinary action against the manager.

• Example 3: A federal employee applies for a promotion, but despite having superior qualifications and performance reviews, they are passed over in favor of a less qualified candidate who happens to be a close personal friend of the hiring manager. The employee suspects the decision was based on favoritism rather than merit.

  Explanation: This situation falls under the OSC's purview regarding prohibited personnel practices. Favoritism, or making personnel decisions based on factors other than merit, is a violation of federal merit system principles. The employee could file a complaint with the OSC, which would investigate whether the hiring decision was improperly influenced and seek to ensure that federal employment decisions are based on fair and objective criteria.