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Individual Right of Action (IRA)
Practical Law Glossary Item 7-583-7468 (Approx. 3 pages)
Glossary
Individual Right of Action (IRA)
In the context of federal public employment, the right under the Whistleblower Protection Act (WPA) to appeal a personnel action taken in retaliation for whistleblowing or other protected activity to the Merit Systems Protection Board (MSPB) (5 U.S.C. § 1221).
The IRA procedure expands the rights available to federal employees and applicants to appeal personnel actions that are not directly appealable to the MSPB (see otherwise appealable action). In IRA cases, a broad range of personnel actions taken in reprisal for whistleblowing or other protected activity are appealable, including:
- An appointment or promotion.
- A detail, transfer, or reassignment.
- Reinstatement, restoration, or reemployment.
- A performance evaluation.
- Any decision concerning pay, benefits, or awards.
- Any decision concerning education or training if the education or training may lead to an appointment, promotion, performance evaluation, or other personnel action.
- An order for psychiatric testing or examination.
- Implementing or enforcing a nondisclosure policy, form, or agreement.
- Any other significant change in duties, responsibilities, or working conditions.
To initiate an IRA case, a federal employee or applicant must file a complaint with the Office of Special Counsel (OSC) to exhaust the employee's administrative remedies before appealing to the MSPB. For more information, see Practice Note, Whistleblower Protections Under the Whistleblower Protection Act.