If an employee discloses what he believes is a violation of 5 U.S.C. § 2302(b)(2), can it form the basis of a protected whistleblowing disclosure?
Yes. The Board has held that allegations of violations of 5 U.S.C. § 2302(b)(2) and related provisions of law can sometimes constitute whistleblowing. See McDonnell v. Department of Agriculture, 108 M.S.P.R. 443, ¶¶ 9-13 (2008); see also Baldwin v. Department of Veterans Affairs,113 M.S.P.R. 469 (2010).