5 U.S.C. § 1221
Individual right of action in certain reprisal cases
United States · Title 5 — GOVERNMENT ORGANIZATION AND EMPLOYEES · Status: effective
Cite this
- Citation
- 5 U.S.C. § 1221, Individual right of action in certain reprisal cases, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/426586
- Permanent ID
ys:prov:426586@1- SHA-256
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Full text
Subject to the provisions of paragraph (2), in any case involving an alleged prohibited personnel practice as described under section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D), the Board shall order such corrective action as the Board considers appropriate if the employee, former employee, or applicant for employment has demonstrated that a disclosure or protected activity described under section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D) was a contributing factor in the personnel action which was taken or is to be taken against such employee, former employee, or applicant. The employee may demonstrate that the disclosure or protected activity was a contributing factor in the personnel action through circumstantial evidence, such as evidence that—
If the Board orders corrective action under this section, such corrective action may include—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Whistleblower Protection Act of 1989House: no recorded tallySenate: 97–0
- An Act to authorize appropriations for the United States Office of Special Counsel, the Merit Systems Protection Board, and for other purposes.House: no recorded tallySenate: no recorded tally
- Whistleblower Protection Enhancement Act of 2012House: no recorded tallySenate: no recorded tally
- Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017House: 420–0Senate: no recorded tally
- National Defense Authorization Act for Fiscal Year 2018