While you might not hear about every case of whistleblowing, thousands of people blow the whistle each year. From reports of inaccurate accounting protocols and discoveries of tax fraud to criminal levels of pollution or illegal wildlife trading practices, whistleblowers shine the light on many matters that would otherwise stay in the dark — undetected.
Why don't more people act as whistleblowers?
Many violations and dangers to public health and safety go unreported because people are afraid of retaliation. Often the biggest deterrent to those who wish they could speak the truth, retaliation is defined as a situation in which employers take action against employees who engage in the disclosure of company secrets.
Retaliation comes in many forms, though the most common are terminating employees, demoting them, reducing salaries, cutting hours and excluding workers from certain benefits or taking benefits away altogether.
Are there laws for or against whistleblowers?
Though whistleblowers' fear of being retaliated against is a real one, the United States has many laws in place to protect them from retaliation by their employers. Just as there are antidiscrimination laws, wage- or hour-related protections and health or safety laws, the government makes it illegal for employers to take retaliatory action against whistleblowers who disclose information that denotes illegal activity carried out by said employers.
State laws regarding whistleblowers
In certain U.S. states, there are laws with fair-play provisions that require employees to first report any instances of wrongdoing to their employers. That way, the employers are granted an opportunity to address the problems before they become even bigger.
Depending on where they live, whistleblowing employees might only be protected if there is evidence that they filed a complaint prior to blowing the whistle.
Federal laws protecting whistleblowers
Now, on a federal level, we have the Civil Rights Act of 1964, which protects employees who blow the whistle. It allows employees to oppose unlawful discrimination without legally being subjected to consequences that are imposed by their employers.
The Civil Rights Act of 1964 prevents employers from retaliating against any employee who communicates the truth of matters when the employee believes a violation of the law has taken place.
What whistleblowing actions are protected?
There are many different instances that are categorized as protected actions. Some of these matters are filing grievances, reaching out to the media, failing to perform duties that the employee believes are illegal, submitting complaints or mentioning that they intend to enforce the law.
There's also the Sarbanes-Oxley Act, which states that whistleblowing employees are not protected from retaliatory measures if their motivation for blowing the whistle is not deemed reasonable or applicable. However, whistleblower rules and antiretaliation laws vary from one state to another.
That's why checking the regulations in your particular area is the only surefire way to understand the specifics of whistleblowing in your state. For instance, laws such as the Fair Labor Standards Act grant whistleblowers access to the courts if they are punished via retaliation for a report they made.
Somewhat similar to the Fair Labor Standards Act are the Civil Rights Act and the Sarbanes-Oxley Act — both of which we mentioned earlier — which require retaliated-against whistleblowers to file a complaint with an agency first. From there, they are granted access to the courts if their complaint with an agency is not resolved within six months of filing.
Are there resources that can help whistleblowers?
There are many resources that whistleblowers can turn to for support, such as the Occupational Safety and Health Administration's Whistleblower Protection Program. This program enforces the protection of employees who are retaliated against after engaging in any activities protected under more than 20 federal laws.
With OSHA investigators, you can trust that their intentions are unbiased. Rather, they intend to seek the truth as neutral fact finders who are not swayed by either employees or employers. The same is true of the U.S. Equal Employment Opportunity Commission and the National Labor Relations Board.
Likewise, the Office of Special Counsel responds to claims of retaliation that take place within the executive branch of the federal government. In other words, federal employees who fear they have been retaliated against by their employers are encouraged to file complaints with the OSC.
Similarly, the Government Accountability Project protects whistleblowers who need an agency on their side and wish for an investigation to be carried out regarding their employer's retaliation.
As a whistleblower, you can also seek out assistance from the following resources:
- Nonprofit 501(c)(3) OSC
- Employment Laws Assistance for Workers and Small Businesses
- The U.S. Department of Labor
- The National Whistleblower Center
No matter your situation, know that you are protected. Whistleblowing is not a crime. Rather, whistleblowers are often the ones exposing criminal activity. Reach out for assistance if need be, and know that retaliation is never a legal response to people who blow the whistle.