§7515 Discipline of Supervisors Based on Retaliation Against Whistleblowers

Summary

If certain officials — the head of the agency, an administrative law judge, the Merit Systems Protection Board, the Special Counsel, a U.S. judge, or the agency’s Inspector General — find that a supervisor took or failed to take an action listed in law as forbidden retaliation against an agency employee, the agency must propose discipline. For a first offense the agency must propose suspending the supervisor at least 3 days and may also propose other penalties like a pay or grade reduction. For a second offense the agency must propose removing the supervisor. The supervisor gets written notice saying why the action is proposed and can see the evidence. The supervisor has 14 days to answer and give evidence. If no evidence is given, or it is judged insufficient, the agency must carry out the proposed penalty. These actions follow the same rules and appeal rights as actions under sections 7503, 7513, or 7543, except they are not subject to the specific paragraphs listed in those sections (7503(b)(1)–(2); 7513(b)(1)–(2) and 7513(c); 7543(b)(1)–(2) and 7543(c)). The agency head cannot delegate the decision about whether the supervisor committed the forbidden action. Definitions: agency — the kind of federal agency named in another law, but not intelligence community entities; prohibited personnel action — the kinds of retaliatory acts named in paragraphs (8), (9), or (14) of section 2302(b); supervisor — an employee who counts as a supervisor under the law.