Title: Department of Defense Authorization Act of 1984
Statute: 10 U.S.C. § 1587
Governing Agency: United States Department of Defense
General Overview: This federal statute was enacted in 1984 in order to shield and offer protections to whistleblowers who are civilian employees working for the United States Department of Defense. Since funding for the Department of Defense is appropriated by U.S. Congress, any misuse or fraudulent spending should be reported. In order to encourage employees to come forward, Section 1587 was created.
Who is covered?:
Who is not covered?:
-This statute does not cover any employee and/or position that the President excludes. Any exclusion must be necessary and warranted by conditions.
What is covered?:
-Employees and applicants covered under the Department of Defense Authorization Act of 1984shall not have any personnel action taken against them for:
-Personnel action by employers includes:
How do I submit a claim?- a Step-by-Step Approach :
1. Any employee who falls under the protected class that possesses a good faith belief that their employer has violated this act can submit a complaint to the U.S. Secretary of Defense. – U.S. Secretary of Defense contact information.
2. The U.S. Secretary of Defense will examine the claim and may choose to open an administrative investigation. During this process, the Secretary will consult the Director of the Office of Personal Management and the Special Counsel of the Merit Systems Protection Board.
3. The U.S. Secretary of Defense will then issue regulations to correct the adverse employment actions. These regulations often include confidentiality agreements.
Rights and Remedies:
Related Links:
United States Department of Defense FAQ’s
Office of the United States Secretary of Defense
Disclaimer. This website does not offer legal advice. This website is for informational purposes only. There is no guarantee that this information is accurate or up to date. You should contact an attorney experienced with whistleblower rights and familiar with the specific statutes. Unfortunately, we are unable to provide you with advice regarding your particular case.
Statute: 10 U.S.C. § 1587
Governing Agency: United States Department of Defense
General Overview: This federal statute was enacted in 1984 in order to shield and offer protections to whistleblowers who are civilian employees working for the United States Department of Defense. Since funding for the Department of Defense is appropriated by U.S. Congress, any misuse or fraudulent spending should be reported. In order to encourage employees to come forward, Section 1587 was created.
Who is covered?:
- Nonappropriated fund instrumentality employees. (civilian employee paid from nonappropriated funds from any branch of the U.S. military or under the jurisdiction of the armed forces)
- Applicants applying for positions as nonappropriated fund instrumentality employees
- Civilian employees of supporting organizations within the United States Department of Defense.
Who is not covered?:
-This statute does not cover any employee and/or position that the President excludes. Any exclusion must be necessary and warranted by conditions.
What is covered?:
-Employees and applicants covered under the Department of Defense Authorization Act of 1984shall not have any personnel action taken against them for:
- disclosing violations of law, rules, regulations or mismanagement that is taking place within one’s department
- reporting gross wastes of funds to U.S. Congress or the U.S. Department of Defense
- reporting abuses of authority to U.S. Department of Defense
- reporting dangers to public health and safety to U.S. Department of Defense
-Personnel action by employers includes:
- denial of promotions
- denial or appointments
- disciplinary or corrective actions
- undesirable transfer or a refusal to transfer
- reassignment
- decisions concerning pay and/or benefits
- significant changes in duties or responsibilities inconsistent with employee’s salary or level
How do I submit a claim?- a Step-by-Step Approach :
1. Any employee who falls under the protected class that possesses a good faith belief that their employer has violated this act can submit a complaint to the U.S. Secretary of Defense. – U.S. Secretary of Defense contact information.
2. The U.S. Secretary of Defense will examine the claim and may choose to open an administrative investigation. During this process, the Secretary will consult the Director of the Office of Personal Management and the Special Counsel of the Merit Systems Protection Board.
3. The U.S. Secretary of Defense will then issue regulations to correct the adverse employment actions. These regulations often include confidentiality agreements.
Rights and Remedies:
- Reinstatement to former position with identical benefits, salary and duties
- Appointment of promotion (if previously withheld due to partaking in protected activity)
- Any action the U.S. Secretary of Defense deems appropriate to remedy a violation of this act (as long as it falls within their powers and authority)
Related Links:
United States Department of Defense FAQ’s
Office of the United States Secretary of Defense
Disclaimer. This website does not offer legal advice. This website is for informational purposes only. There is no guarantee that this information is accurate or up to date. You should contact an attorney experienced with whistleblower rights and familiar with the specific statutes. Unfortunately, we are unable to provide you with advice regarding your particular case.
