Whistleblower protection in the United States
A whistleblower is a person who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organization that is either private or public.
Excluding uniformed military, about 65% of federal government workers are employed within the executive branch,[2] and they are subject to orders and regulations issued by the President called executive orders as well as regulations issued by administrative authorities acting under the President and codified under Title 5 of the Code of Federal Regulations as follows: Whistleblower protection laws for the military: Other organizations that provide similar information: Senior officers who fail to act on information regarding crime or incompetence are subject to a permanent reduction in rank or court-martial.
For example, an employer commits a crime if they fail to disclose insecticide exposure in accordance with public law (unlawful force) then subsequently violates the product labeling in the assigned work area (to the person), resulting in permanent disability (bodily injury).
For the evaluation, access to the product's safety data sheet that contained the hazardous substance is required, as well as verification of workers compensation.
Building codes applicable to most areas of the United States are as follows: The US Supreme Court has limited whistleblower protections for public disclosures based on free speech for most government workers.
Garcetti v. Ceballos held that the First Amendment does not apply to situations that fall within the scope of the job description associated with the employment of each government worker.
Civilian employees and military personnel in the intelligence gathering and assessment field are required to sign non-disclosure agreements, a practice upheld by the Supreme Court in Snepp v. United States.
The United States Office of Special Counsel provides training for the managers of federal agencies on how to inform their employees about whistleblower protections, as required by the Prohibited Personnel Practices Act (5 USC § 2302).
[29][30] In addition to financial compensation, the False Claims Act offers limited protection for workers who provide tips about defective products and services delivered to the U.S. government.
As a general rule, Lloyd–La Follette disclosures should cover a topic that will benefit the government if the issue could be resolved by Congressional involvement when the resolution would not be supported as a beneficial suggestion and would be opposed by management.
Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement.
The nine exemptions are as follows: The FOIA also requires agencies to proactively post online certain categories of information, including frequently requested records.
Employees with over five years' government service may be eligible for early retirement if medical records support a finding of disability not accommodated in accordance with the Rehabilitation Act of 1973.
It created a mandatory, public disclosure of financial and employment history of government officials and their immediate family members for the regular U.S. citizen to have access to view.
Merit Systems Protection Board (MSPB) uses agency lawyers in the place of "administrative law judges" to decide federal employees' whistleblower appeals.
Unclassified issues not directly related to the job that in turn do not have a negative impact on national security or law enforcement may be suitable for public disclosure.
[62][63][64] Although the Whistleblower Protection Act has some limitations, its main goals are to help eliminate corporate scandals and promote agreements in companies that coordinate with other legislations.
It discourages federal managers and supervisors from engaging in unlawful discrimination and retaliation and holds them accountable when they violate antidiscrimination and whistleblower protection laws.
The law, which applies to both employees and contractors, requires the whistleblower to notify the agency head, through an Inspector General, before they can report an "urgent" concern to a Congressional intelligence committee.
PPD-19 does not protect contractors from any form of reprisal except decisions connected to their security clearance, which leaves them open to retaliatory terminations, investigations and criminal prosecutions.
The law also created a process through which contractors could request a remedy, initially through agency Inspector General investigations and subsequently through access to district court jury trials for civil complaints.
If the tip submitted does cause an SEC investigation, the enforcement staff will follow the facts to determine whether to charge an individual, entity, or both with securities violations.
[75] Employees working for private companies notify organizations like the Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA).
The National Labor Review Board (NLRB)[76] helps to form federal unions, investigate charges, seek resolutions, decide cases, and enforce orders.
A bank, credit union, savings and loan, or other financial organization can be consulted to determine the local requirements needed to establish an account.
Employees with no collective bargaining organization are directly represented by state labor boards,[79] unemployment offices,[80] and the Equal Employment Opportunity Commission.
The grievance process described above provides time for the employer to correct situations that violate ethical rules or laws before enforcement action becomes necessary.
A copy should be mailed to the officer or senior executive in charge of the top-level managers in the local organization because other employees may interfere with regular delivery.
Seventh: ... where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ... Fourteenth: ... nor deny to any person within its jurisdiction the equal protection of the laws ...
The GAO found that the key issues were lack of resources for investigating employees' claims and the legal complexity of whistleblower protection regulations.
