Although it is true that the Trump administration is clear that it is not going to retaliate against whistleblowers, it’s crucial to remember that the law does not provide any specific protections to this particular group. Although the government is accountable for any penalties related to the actions of a whistleblower however, a whistleblower doesn’t have to be the first person to know of a violation of law in order to receive protection according to the laws.
Whistleblowers shouldn’t be afraid to disclose confidential information to their employer as long as they adhere to the laws that are in place to safeguard the source. However, whistleblowers must be aware of the possibility that they will be required to divulge information to their employer to follow-up on the information they received. In addition, whistleblowers should ensure their identity, since whistleblowers can be identified by colleagues. The federal government offers various safeguards for whistleblowers. However, the particulars of these laws are different.
The law also expands the existing laws on protection of whistleblowers. For instance there is a new MSPB. MSPB has been designated as a quasi-judicial institution which has the power to enforce personnel policies that are prohibited and is able to reimburse legal fees in certain instances. It is also the Equal Employment Opportunity Commission takes into consideration issues of discrimination. They include race, gender and discrimination against disabled people. Finally, whistleblowers should mention the possibility of receiving financial compensation as a result of their actions.
Federal employees are protected by the Whistleblower Protection Act of 1989 Whistleblowers must be aware of Federal laws and rules protect employees who complain of corruption, waste or any illegal act. Federal whistleblowers’ complaints could be examined in the Office of Special Counsel. The Office of Special Counsel is an independent executive agency that has the power to enforce rulings and take corrective discipline actions. In certain instances the MSPB can even require reinstatement of employees suspended, or revoke worker dispatch contracts.
The Dodd-Frank Wall Street Reform and Consumer Protection Act (D-F-W-R-CA) that created an anti-retaliation law for whistleblowers, has added safeguards to whistleblowers. In the event of an incident the whistleblower could request double the amount of back pay or reinstatement, as well as reasonable attorneys fees and litigation costs. The Act creates a global and regional system that can safeguard whistleblowers.
The UNCAC Coalition’s report on parallels are essential in the advocacy and adoption lawmaking on whistleblowers. The advocacy work of UNCAC national chapters has played an important part in the passing of new laws protecting whistleblowers across Australia, Italy, Greece, Ireland, Lithuania, and Kenya. Alongside providing whistleblowers with the proper legally protected rights, the laws promote greater transparency and accountability within corporate and government agencies.