Overview
This section details the specific administrative remedies an agency head must provide when a contractor or subcontractor is found to have retaliated against a whistleblower, as well as the procedures for judicial enforcement and appeals. It establishes a clear timeline for agency action and provides complainants with a path to federal court if administrative remedies are delayed or denied.
Key Rules
- Agency Action Timeline: The head of the agency must issue an order either denying relief or granting specific remedies within 30 days of receiving the Inspector General’s report.
- Types of Remedies: Authorized remedies include ordering the contractor to abate the reprisal, reinstating the employee with back pay and benefits, and requiring the contractor to pay the complainant's legal costs (including attorney and expert witness fees).
- Right to De Novo Action: If the agency denies relief or fails to issue an order within 210 days (or within 30 days of an expired extension), the complainant may sue the contractor in U.S. district court for a jury trial.
- Statute of Limitations: Complainants must bring a court action within two years after administrative remedies are deemed exhausted.
- No Waiver of Rights: Whistleblower protections and remedies cannot be waived by any employment agreement, policy, or arbitration form.
- Enforcement and Appeal: The agency head must file an enforcement action in district court if a contractor fails to comply with an order; conversely, parties aggrieved by an order have 60 days to seek review in a U.S. court of appeals.
Practical Implications
- Contractors face significant financial risk if found to have engaged in reprisal, as they may be liable not only for back pay but also for the complainant's legal and expert witness fees.
- The "No Waiver" provision means that standard mandatory arbitration clauses or non-disclosure agreements in employment contracts cannot prevent an employee from seeking these specific FAR-based remedies.
- Agencies have the power to pursue exemplary damages and injunctive relief in federal court to ensure contractor compliance with whistleblower protection orders.