• AML
  • Qui Tam
  • SEC
  • CFTC
  • FCPA
  • FAQS
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
The Truth at Any Cost.
Qui Tam, Compliance and Anti-Corruption News.
Whistleblower Network News
No Result
View All Result
Home Government

OIG Reports: “Systemic Issue” At DOJ, Contractors Not Being Informed Of Whistleblower Rights

Peter BriccettibyPeter Briccetti
February 13, 2021
in False Claims-Qui Tam, Federal Employees, Government
Reading Time: 3 mins read
Whistleblower rights
Share on TwitterShare on FacebookShare on LinkedInEmail

The U.S. Department of Justice’s (DOJ) Office of the Inspector General (OIG) has released a public memorandum warning of a serious “systemic issue” in the DOJ. The February 10 memo claims that the DOJ has failed to ensure that federal contractors and their employees are contractually informed of essential federal whistleblower rights and protections. In the memo, Inspector General Michael E. Horowitz reports that his office found numerous instances where federal contractors did not have whistleblower rights and protections included in their contracts with the federal government. The report also described situations in which contractors themselves were not aware that these rights and protections needed to be passed on to their own workers. Both of these situations point to a systemic issue at the DOJ, as it is the DOJ’s responsibility to make sure that the rights and protections are included in all of the contracts and that workers are aware of them. 

Like many other branches of the federal government, the DOJ often contracts work to outside organizations. Federal law requires that in any contract above a dollar amount of $250,000, the contractors must insert a specific clause in their contract. This clause consists of the DOJ requiring contractors to fully inform their employees of their rights as potential whistleblowers. The OIG reports that in their audits of multiple contracts, they found many that were non-compliant: 

“The Department has the responsibility to ensure its contractors inform their workers of whistleblower rights and protections. In various audits, we found instances where the contracting officers did not include the mandatory whistleblower protection clause in existing and new contracts. In other instances, the contract clause was included, but the contracting officers did not follow up with the contractors’ management to verify that they had informed workers of their whistleblower rights and protections as required.”

Register for National Whistleblower Day

Beyond omitting the rights in contracts or failing to highlight them for employees, the OIG found other procedures that may have discouraged whistleblowing in DOJ contracting. In one case, the OIG found that while employee’s rights and protections had been made clear in the contract, the employee’s contract also “prohibited any discussions with government officials outside of the employee’s chain of command without prior authorization. Such a prohibition is also contrary to the whistleblower protections described in FAR Subpart 3.908-3(a).” The OIG claims that contracts sometimes contradicted themselves, making it difficult for potential whistleblowers to determine which course of action was compliant with their contract and which would put them in violation of it.

On August 9, 2016, the DOJ’s Justice Management Division (JMD) issued a set of guidelines for new contracts and for updating pre-existing contracts:

 

(1) provide contractors with a “Whistleblower Information for DOJ Contractors, Subcontractors, and Grantees” document (Whistleblower Information document);

(2) direct the contractors and subcontractors to distribute the Whistleblower Information document to their employees; and

(3) direct the contractor to provide an affirmative response notifying the DOJ of their successful distribution of the Whistleblower Information document to its employees, which should be added to the contract file.

 

The OIG found that even after more than four years, many contracts still stand in violation of these guidelines. These guidelines could have greatly simplified the lives of many contractors who may have struggled with contradictions in their contracts, or with the classic whistleblower conundrum of morality vs. duty.

The memo ends with recommendations to the DOJ on how to fix some of these systemic issues. First, the OIG recommends that the DOJ reacquaint its workers and contractors with the whistleblower rights and protections that they have omitted in the past. Second, it recommends developing new policies that will clarify when and how to inform contactors. These new policies would then ensure that the contractors have been informed of their whistleblower rights.

Read the full OIG memo here.

Tags: Department of JusticeWhistleblower Rights
Previous Post

California Launches Investigation Into COVID-19 Lab Whistleblower Allegations

Next Post

Whistleblower Attorney Analyzes Fish and Wildlife Whistleblower Reward Rules

Peter Briccetti

Peter Briccetti

Peter Briccetti is a contributing editor with Whistleblower Network News. He writes about breaking whistleblower news, and False Claims Act whistleblowers, FCPA whistleblowers, and tax fraud whistleblowers. Peter is a graduate of Hamilton College with a degree in History and an interest in politics and anti-corruption law. At Hamilton, he wrote for the Hamilton College Spectator as an editor and contributor.

Next Post
Wildlife Whistleblower

Whistleblower Attorney Analyzes Fish and Wildlife Whistleblower Reward Rules

Please login to join discussion

Receive Daily Alerts

Subscribe to receive daily breaking news and legislative developments sent to your inbox.

  • This field is for validation purposes and should be left unchanged.

Most Popular

Advocates Detail Need for SEC Whistleblower Reform

Raytheon Whistleblower Receives $1.5 Million for Alleging Cybersecurity Non-Compliance

Ruling Striking Down Trump Order Targeting Law Firm Seen as Crucial for Whistleblowers

MJH Healthcare Settles Whistleblower Allegations of Postal Rate Fraud for $2 Million

Poll Shows Overwhelming Support for Stronger Whistleblower Laws in Australia, Mirroring Polling in US

Four Whistleblowers Receive $1.3 Million for Alleging Genetic Testing Fraud Scheme

Whistleblower Poll

Whistleblower Poll
Whistleblower Poll

Exclusive Marist Poll: Overwhelming Public Support Among Likely Voters For Increased Whistleblower Protections

byGeoff Schweller
October 6, 2020

ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT

STAY INFORMED.
Subscribe to receive breaking whistleblower updates.

  • This field is for validation purposes and should be left unchanged.

About Us

  • About
  • Contact Us
  • Donate
  • Careers

Subscribe

  • Daily Mail
  • Follow us on Twitter
  • YouTube Channel

Contribute

  • Letter to the Editor
  • Submission Guidelines
  • Reprint Guidelines

Your Experience

  • Accessibility Statement
  • Privacy Policy
  • Terms of Use

Help

  • Rules for Whistleblowers
  • Frequently Asked Questions
  • Advertise
Whistleblower Network News

Whistleblower Network News is an independent online newspaper providing our readers with up-to-date information on whistleblowing. Our goal is to be the best source of information on important qui tam, anti-corruption, compliance, and whistleblower law developments. 

Submit an Article

Copyright © 2025, Whistleblower Network News. All Rights Reserved.

This Newspaper/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this website, you understand that there is no attorney-client relationship between you and the Newspaper/Web Site publisher. The Newspaper/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Become a Whistleblower Network News Subscriber

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Subscribe to WNN

Retrieve your password

Please enter your username or email address to reset your password.

Subscribe to WNN
RSVP to National Whistleblower Day 2025! July 30, 2025 on Capitol Hill
RSVP NOW

Add New Playlist

No Result
View All Result
  • Exclusives
  • Government
    • False Claims-Qui Tam
    • Federal Employees
    • Intelligence
  • Corporate
    • CFTC & Commodities
    • Dodd-Frank
    • IRS & Tax
    • SEC & Securities
  • Features
  • Legislation
  • International
    • Foreign Corruption
  • Rewards
  • Whistleblower of the Week
  • Environment & Climate
  • Opinion
  • Editorial
  • Employment
    • Sarbanes-Oxley Whistleblowers
    • Retaliation
    • OSHA
  • Make National Whistleblower Day Permanent
  • Media
    • Podcasts
    • Videos
    • Webinars
    • National Whistleblower Day
  • Whistleblower Poll
  • Whistleblower Resources
    • Frequently Asked Questions
    • Resources for Locating An Attorney
    • The New Whistleblowers Handbook

Copyright © 2024, Whistleblower Network News. All Rights Reserved.

Go to mobile version