While whistleblower laws provide protections against retaliation for employees of the federal government, as well as federal contractors and recipients of grants, there are still some limitations that remain.
Throughout the history of the United States, individuals have revealed information about potential wrongdoing on the part of other individuals, government agencies, or offices. A significant event has been the focus of media attention across the country and possibly even internationally since the summer of 2019.
This raises the logical question of whether federal employees who raise such allegations could be protected from retaliatory behavior. In order to answer this question, we must understand the law.
What is the Whistleblower Protection Act?
The Whistleblower Protection Act was enacted in 1989, which pointed out provisions for preventing negative repercussions for those who disclose wrongdoing. The law prohibited another entity from taking or even threatening action against a whistleblower for making whistleblowing disclosures. Failure to act or a threat of such action falls under the law as well.
A person should feel comfortable and confident in making complaints regarding behaviors that jeopardize public safety or health, are illegal or breach any regulation or rule, or expose financial mismanagement or abuse of power.
Under this act, federal contractors and recipients of federal grants are also protected from allegations involving federal contracts and grants. These include mismanagement of federal contracts and waste of grant funds.
Additional Protections Added in The Whistleblower Protection Act
In 2012, additional steps were taken to protect employees bound by nondisclosure agreements to combat concerns that they may not be able to provide details about wrongful or illegal acts. People who turned over information about fraud, abuse, or waste could be protected under this new law.
The Law still Contains some Gaps, which Raises some Concerns
Although the Whistleblower Protection Act and the Whistleblower Protection Enhancement Act provide protection to federal employees, any court action must be brought through internal administrative channels.
The process is different from those involving other acts of discrimination, such as sexual harassment or racial harassment.
How can an Employment Lawyer Help?
The employee of a governmental agency or office who discovers wrongdoing and needs to report it deserves to feel safe about speaking out. In these situations, it is advised to consult with an experienced lawyer at Siman Law Firm in Los Angeles who knows how to handle these matters.