Is Whistleblower Protection Available?
A would-be whistleblower who wants to expose violations to the world has good reason to think twice – the costs of such honesty may cost a job, friends, or even cause threats to be received. However, there are protections available for whistleblowers that should be made known.
What is a Whistleblower?
A whistleblower is someone who exposes misconduct within an organization, company, or government department to the public or the authorities. Misconduct can be classified as fraud, safety violations, corruption, or violations of laws and regulations, among other things, and the whistleblower is typically an employee or someone similar with inside information on the organization. The term whistleblower originated from “blow the whistle”, a phrase which refers to a policeman's or referee's method of indicating an illegal activity or foul.
Risks to Whistleblowers
Becoming a whistleblower is a scary decision that takes a lot of courage. Besides having fortitude and a strong sense of honesty and ethics, it is also important to know that you have the law on your side. When a whistleblower reports fraud or violation within their employer's company, the risks can be great. They may find attacks to their character or retaliation in the workplace to become common. The whistleblower is likely to lose his or her job. Some whistleblowers may even receive threats to themselves or their families. The serious risk factor involved makes it very important for the government to provide adequate whistleblower protection.
Disclosure and Free Speech Laws
The laws surrounding disclosure and freedom of speech as pertaining to whistleblowers are complicated and important for a whistleblower to understand. Laws such as the Ethics in Government Act are not enforced if an individual's free speech in reporting corruption is not protected. Classified information causes difficulty when it comes to free speech, as exposing this type of information can affect United States national security and public debt. Some businesses require workers to sign non-disclosure agreements, creating more free speech conflict.
Available Whistleblower Protection
The Occupational Safety and Health Administration, or OSHA, offers provisions for twenty-one whistleblower protection statutes. For a whistleblower, the most important of these is Section 11(c) of the Occupational Safety and Health Act, or OSH Act. This prohibits employers from firing or otherwise retaliating against employees who have exercised their OSH Act rights. The whistleblower employee can file a complaint with OSHA if they have suffered adverse action such as demoting, intimidation, pay reductions, denial of benefits, or laying off.
Specialized Whistleblower Protection Areas
Whistleblower employees who engage in activities including testifying, complaining about violations, reporting misconduct and other proceedings protected by law, may often be part of a specialized field that is under provision by OSHA. The Occupational Safety and Health Act, the Surface Transportation Assistance Act, the International Safe Container Act, the Corporate and Criminal Fraud Accountability Act, and the Consumer Product Safety Improvement Act are some of the statutes that cover whistleblowers fearing retaliation.
Becoming a whistleblower is a tough decision, but at times it may mean bringing truth to light to protect the safety of the public. Although there are some situations where free speech is affected by national security or non-disclosure agreements, knowing that the law is typically on the side of the whistleblower can make all the difference.