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Concept Version 10
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Whistleblower Protection

Whistle-blower protection provides safeguards against retaliation for those who report suspected legal or ethical violations.

Learning Objective

  • Outline the methods with which the U.S. government seeks to protect whistle-blowers to maintain an equitable workplace


Key Points

    • A whistle-blower is a person who tells the public or someone in authority about alleged misconduct occurring in a government department, private company, or organization.
    • Many organizations establish internal processes through which employees can come forward if they suspect an ethical or legal violation has occurred.
    • In the United States, several protections are in place for whistle-blowers, such as the Whistleblower Protection Act for government workers and the Dodd-Frank Wall Street Reform and Consumer Protection Act for employees in the securities industry.

Term

  • disclosure

    The act of revealing something.


Full Text

A whistle-blower tells the public and/or the authorities about alleged misconduct occurring in a government department, private company, or organization. The alleged misconduct may take a variety of forms; for example, a violation of a law, rule, or regulation, or a direct threat to public interest, such as fraud, health and safety violations, or corruption. Whistle-blowers may make their allegations internally (to other people within the affected organization) or externally (to regulators, law-enforcement agencies, the media, or groups concerned with the issues).

Many organizations establish internal processes through which employees can come forward if they suspect an ethical or legal violation has occurred. In some cases the processes allow for anonymity. Some organizations have an ombudsperson who handles such matters on a confidential basis and advises the employee about their options should they wish to take formal steps to report the breach to the appropriate internal or external authorities.

A whistle

Whistle-blowers are provided some protection under the law.

Legal Protections for Whistle-Blowers in the United States

In the United States several protections are in place for whistle-blowers. The Whistleblower Protection Act safeguards government employees from management retaliation. The No Fear Act prohibits federal managers and supervisors from engaging in unlawful discrimination and retaliation. The Sarbanes-Oxley Act requires that an individual blow the whistle on an employee who they have evidence has violated the law. Securities whistle-blowers are provided expanded incentives and protection by the Dodd-Frank Wall Street Reform and Consumer Protection Act. This legislation authorizes the Securities and Exchange Commission (SEC) to reward whistle-blowers (at companies that are required to report to the SEC) who provide information concerning violations of the federal securities laws. The Freedom of Information Act can be used by a whistle-blower to gather evidence that the public's right to know has been violated.

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