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A whistleblower is a person, usually an employee, who exposes information or activity within a private, public, or government organization that is deemed illegal, illicit, unsafe, fraud, or abuse of taxpayer funds. Those who become whistleblowers can choose to bring information or allegations to surface either internally or externally. Over 83% of whistleblowers report internally to a supervisor, human resources, compliance, or a neutral third party within the company, with the thought that the company will address and correct the issues. Externally, a whistleblower can bring allegations to light by contacting a third party outside of the organization such as the media, government, or law enforcement. The most common type of retaliation reported is being abruptly terminated. However, there are several other activities that are considered retaliatory, such as sudden extreme increase in workloads, having hours cut drastically, making task completion impossible or otherwise bullying measures. Because of this, a number of laws exist to protect whistleblowers. Some third-party groups even offer protection to whistleblowers, but that protection can only go so far. Two other classifications of whistleblowing are private and public. The classifications relate to the type of organizations the whistleblower works in: private sector, or public sector. Depending on many factors, both can have varying results. About 20% of whistleblowers are successful in stopping the illegal behaviors, usually through the legal system, with the help of a whistleblower attorney. For the whistleblower's claims to be credible and successful, the whistleblower must have compelling evidence to support their claims, that the government or regulating body can use or investigate to "prove" such claims and hold corrupt companies and/or government agencies accountable.
Charles Ernest Grassley is an American politician serving as the president pro tempore emeritus of the United States Senate, and the senior United States senator from Iowa, having held the seat since 1981. He is in his seventh Senate term, having first been elected in 1980.
Coleen Rowley is an American former FBI special agent and whistleblower, and was a Democratic-Farmer-Labor Party (DFL) candidate for Congress in Minnesota's 2nd congressional district, one of eight congressional districts in Minnesota in 2006. She lost the general election to Republican incumbent John Kline.
The National Security Whistleblowers Coalition (NSWBC), founded in 2004 by former FBI translator Sibel Edmonds in league with over 50 former and current United States government officials from more than a dozen agencies, is an independent, nonpartisan alliance of whistleblowers who have come forward to address weaknesses of US security agencies.
Bunnatine (Bunny) H. Greenhouse is a former chief contracting officer Senior Executive Service of the United States Army Corps of Engineers. On June 27, 2005, she testified to a Congressional panel, alleging specific instances of waste, fraud, and other abuses and irregularities by Halliburton with regard to its operations in Iraq since the 2003 invasion. She described one of the Halliburton contracts as "the most blatant and improper contract abuse I have witnessed during the course of my professional career".
Kohn, Kohn & Colapinto is a Washington, D.C.-based international whistleblower rights law firm specializing in anti-corruption and whistleblower law, representing whistleblowers who seek rewards, or who are facing employer retaliation, for reporting violations of the False Claims Act, Foreign Corrupt Practices Act, Dodd-Frank Wall Street Reform, Sarbanes-Oxley Acts, Commodity and Security Exchange Acts and the IRS Whistleblower law.
The Whistleblower Protection Act of 1989, 5 U.S.C. 2302(b)(8)-(9), Pub.L. 101-12 as amended, is a United States federal law that protects federal whistleblowers who work for the government and report the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to public health and safety. A federal agency violates the Whistleblower Protection Act if agency authorities take retaliatory personnel action against any employee or applicant because of disclosure of information by that employee or applicant.
The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 is a United States federal law that seeks to discourage federal managers and supervisors from engaging in unlawful discrimination and retaliation. It is popularly called the No-FEAR Act, and is also known as Public Law 107–174.
The IRS Whistleblower Office is a branch of the United States Internal Revenue Service that will "process tips received from individuals, who spot tax problems in their workplace, while conducting day-to-day personal business or anywhere else they may be encountered." Tipsters should use IRS Form 211 to make a claim.
The National Whistleblower Center (NWC) is a nonprofit, nonpartisan, tax exempt, educational and advocacy organization based in Washington, D.C. It was founded in 1988 by the lawyers Kohn, Kohn & Colapinto, LLP. As of March 2019, John Kostyack is the executive director. Since its founding, the Center has worked on whistleblower cases relating to environmental protection, nuclear safety, government and corporate accountability, and wildlife crime.
Marsha Coleman-Adebayo is an American former senior policy analyst for the United States Environmental Protection Agency (EPA). Beginning in 1996, she filed complaints alleging that a company from the United States was mining vanadium in South Africa and harming the environment and human health. The EPA did not respond, and Coleman-Adebayo reported her concerns to other organizations. When the EPA subsequently did not promote Coleman-Adebayo at her request, she filed suit against the agency, alleging racial and gender discrimination. On August 18, 2000, a federal jury found EPA guilty of violating the civil rights of Coleman-Adebayo on the basis of race, sex, color and a hostile work environment, under the Civil Rights Act of 1964. Her experience inspired passage of the Notification and Federal Employee Anti-discrimination and Retaliation Act of 2002.
Stephen Martin Kohn is an attorney for Kohn, Kohn & Colapinto, a Washington, D.C., law firm specializing in employment law. The author of the first legal treatise on whistleblowing, Kohn is recognized as one of the top experts in whistleblower protection law. He also has written on the subject of political prisoners and the history of the abrogation of the rights of political protestors.
Daniel P. Meyer is an attorney admitted in the District of Columbia and is currently the Managing Partner of the Washington D.C. Office of Tully Rinckey, PLLC, an international law firm headquartered at Albany, New York, and co-founded by Mathew Tully and Greg Rinckey.
Richard Marven was a Revolutionary War naval officer who, along with Samuel Shaw, were instrumental figures in the passage of the first whistleblower protection law in the United States. The Continental Congress was moved to act after an incident in 1777, when Marven, a third lieutenant in the Continental Navy, and Shaw, a midshipman, were part of a group of sailors and marines who blew the whistle on Commodore Esek Hopkins, the commander-in-chief of the Continental Navy. The group accused Hopkins of torturing British prisoners of war. Marven and Shaw were from Rhode Island, as was Hopkins, whose brother was governor of the new state and had been a signatory to the Declaration of Independence. After being dismissed from the Continental Navy, Commodore Hopkins filed a criminal libel suit against Marven and Shaw in the Rhode Island courts.
Samuel Shaw was a Revolutionary War naval officer who, along with Richard Marven, were the first whistleblowers of the infant United States. As a whistleblower, Shaw was instrumental in the Continental Congress' passage of the first whistleblower protection law in the United States. Shaw, a midshipman, and Marven, a third lieutenant in the Continental Navy, were moved to act after witnessing the torture of British prisoners of war by Commodore Esek Hopkins, then Commander-in-Chief of the Continental Navy. Shaw and Marven were both from Rhode Island, as was Hopkins, whose brother was Stephen Hopkins, Governor of the new state, and a signatory to the Declaration of Independence. For reporting the misconduct of the Navy's highest officer, Shaw and Marven were both dismissed from the Navy. Worse still, Hopkins then filed a criminal libel suit against Shaw and Marven in the Rhode Island Courts.
Eileen Chubb is a former care assistant in the UK who became a whistleblower and then a campaigner. She has shown a particular interest in the care home sector. She has led a campaign for new legislation named Edna's Law to replace the Public Interest Disclosure Act 1998 (PIDA) to improve legal protection for whistleblowers in the United Kingdom and for an inquiry into historic whistleblowing cases. She and other whistleblowers claim that PIDA has failed. Chubb has frequently stated her opposition to the proposed Office for the Whistleblower which has been recommended by Baroness Kramer and the All-Party Parliamentary Group on Whistleblowing.
National Whistleblower Appreciation Day is an annual recognition of whistleblowers whose actions have protected the American people from fraud or malfeasance. Each year since 2013, both the U.S. Senate and the U.S. House of Representatives have passed resolutions designating July 30 as National Whistleblower Appreciation Day. The 2021 Senate and House resolutions designating July 30 as National Whistleblower Appreciation Day were passed in July, with Senators Chuck Grassley (R-IA) and Ron Wyden (D-OR) leading the Senate resolution effort and Representatives Jackie Speier (D-CA), Carolyn Maloney (D-NY), and Kathleen Rice (D-NY) leading the passage of the House resolution.
References
- 1 2 3 Tim Kauffman (May 11, 2007). "First Whistleblower Week in Washington begins Sunday". federaltimes.com. Archived from the original on January 23, 2013. Retrieved July 15, 2008.
- 1 2 3 4 Scott Shane (May 18, 2007). "From Out of the Shadows, Whistle-Blowers Convene". The New York Times. Retrieved October 27, 2007.
- ↑ Senator Charles Grassley (May 14, 2007). "WHISTLEBLOWER WEEK IN WASHINGTON". Congressional Record. Retrieved January 10, 2010.
- ↑ "GAP Whistleblower Week Events Kick Off Monday". Government Accountability Project. May 8, 2008. Retrieved October 1, 2010.
- ↑ "Washington Whistleblower Week - IPS". Institute for Policy Studies. Retrieved February 11, 2017.
- ↑ Fears, D. (July 10, 2006). "Coming Soon: A Tale of Whistleblowing at the EPA". Washington Post.
- ↑ "Washington Whistleblower Week". Institute for Policy Studies . Retrieved October 1, 2010.