Confidentiality and Anti-Gag Rules: What You Can and Can’t Say as a Whistleblower

Congruence Law, P.C. Helps Whistleblowers Navigate NDAs, Security Rules, and Retaliation Risks

One of the most common concerns we hear from whistleblowers is, “Am I allowed to talk about this?” In a world of non-disclosure agreements (NDAs), employment policies, and security restrictions, many employees fear that speaking out might not just get them fired — it could expose them to civil or criminal penalties.

At Congruence Law, P.C., we help whistleblowers understand what they can lawfully disclose, what they must keep confidential, and how federal anti-gag laws protect your right to report wrongdoing — even when your employer tells you otherwise.

What Is an “Anti-Gag” Rule?

Federal whistleblower statutes prohibit employers — including government agencies and contractors — from using NDAs, policies, or instructions to silence employees from lawfully reporting fraud, waste, abuse, or legal violations to designated authorities.

Examples of anti-gag protections include:

• 5 U.S.C. § 2302(b)(13) (WPA): Bars any NDA or policy that prevents disclosures to OSC, IGs, or Congress

• 41 U.S.C. § 4712: Protects disclosures of waste or fraud under federal contracts or grants

• SEC Rule 21F-17 (Dodd-Frank): Prohibits companies from using confidentiality agreements to block whistleblowing to the SEC

• FAR 52.203-19: Requires federal contractors to inform employees of their protected disclosure rights

In short, your employer cannot contract away your right to report illegality.

What You Can Legally Disclose

Depending on your role and the law that applies, you may have the right to report:

• Legal violations

• Gross mismanagement

• Danger to public health or safety

• Waste or abuse of government funds

• Securities fraud or regulatory breaches

These disclosures are protected when made to the proper authority (such as the Office of Special Counsel, an Inspector General, Congress, or a regulatory agency).

What You May Not Be Able to Disclose

Not all information is fair game. You may be prohibited from disclosing:

• Classified national security information (unless through an approved secure channel)

• Privileged attorney-client material (unless exceptions apply)

• Trade secrets or proprietary data (unless disclosure is specifically protected by statute)

• Personal health or education records protected by HIPAA or FERPA

• Information learned through a non-public criminal investigation

Even in these areas, legal exceptions and protected disclosure pathways often exist — we help you use them correctly.

What We Do at Congruence Law, P.C.

We help clients carefully evaluate the boundaries of lawful disclosure and retaliation risk. Our services include:

• Reviewing employment agreements, NDAs, or security clearances

• Identifying anti-gag provisions and applicable disclosure rights

• Advising on secure and legally protected reporting channels

• Preparing disclosures to minimize risk of improper release

• Coordinating with agency counsel or inspectors general as needed

• Defending against retaliation or threats of discipline tied to protected speech

We also help you understand when you can lawfully refuse to sign an illegal or overbroad NDA.

Pitfalls to Avoid

• Disclosing confidential data through unapproved channels

• Relying on a coworker’s advice about what is “OK” to share

• Assuming all NDAs are enforceable — some are not

• Sharing documents publicly before filing a protected complaint

• Speaking to the media without understanding legal limits

Why Choose Congruence Law, P.C.

We believe that whistleblowers deserve to be protected, not punished — and that includes protecting them from vague policies and scare tactics. Whether you’re a federal employee, contractor, or corporate insider, we’ll help you understand the limits, the rights, and the best path forward.

If you're unsure whether you can legally speak out — or if your employer is trying to silence you — contact us now.

whistleblower@congruencelaw.com or at 202-630-8141

Don’t let fear or misinformation keep you silent. Let us help you protect the truth — and yourself.