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WhistleblowerFrom Wikipedia. the free encyclopedia
A whistleblower (whistle-blower or whistle blower)1 1 is aperson who tells the public or someone in authority aboutalleged dishonest or illegal activities (misconduct) occurring
in a government department, a public or private
organization, or a company. The alleged misconduct may heclassified in many ways; for example, a violation of a law,
rule, regulation and/or a direct threat to public interest, suchas fraud, healthlsafety violations, and corruption.
Whistlehiowers may make their allegations internally (for
example, to other people within the accused organization) orexternally (to regulators, law enforcement agencies, to themedia or to groups concerned with the issues).
One of the first laws that protected whistleblowers was the1863 United States False Claims Act (revised in 1986),which tried to combat fraud by sitppliers of the United
States government during the Civil War. The act encourageswhistlehiowers by promising them a percentage of the
money recovered or damages won by the government and
protects them from wrongful dismissal.121
Whistlehiowers frequently face reprisal, sometimes at the
hands of the organization or group which they have accused,sometimes from related organizations, and sometimes u nderlaw.
Overview
Origin of term
The term whisi/eb/ower comes from the phrase “blow the
whistle,’ which refers to a whistle being blown by a police
officer or a referee to indicate an activity that is illegal or a
foul.1 ll4l
Federal Government’s whistlehiower
awareness poster
A Fox 40 whistle from the late I 980s
Definition
N/lost whisileblowers are intertial whist/ehiowers, who report misconduct on a fellow employee orsuperior within their company. One of the most interesting questions with respect to internalwhistlehlowers is why and under what circumstances people will either act on the spot to stop illegal andotherwise unacceptable behavior or report it.t5t There is some reason to believe that people are morelikely to take action with respect to unacceptable behavior, within an organization, if there are complaintsystems that offer not just options dictated by the planning and control organization, hut a choice ofoptions for individuals, including an option that oilers near absolute confidentiality.t6t
.
Whisilehiowing
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External whistleblowers, however, report misconduct on outside persons or entities. In these cases,depending on the information’s severity and nature, whistlehiowers may report the misconduct tolawyers, the media, law enforcement or watchdog agencies, or other local, state, or federal agencies. Insome cases, external whistleblowing is encouraged by offering monetary reward.
Under most US federal whistlehiower statutes, in order to be considered a whistlehiower, the federalemployee must have reason to believe his or her employer has violated some law, rule or regulation;testify or commence a legal proceeding on the legally protected matter; or refuse to violate the law.
In cases where whistieblowing on a specified topic is protected by statute, US courts have generally heldthat such whistleblowers are protected from retaliation.171 However, a closely divided US Supreme Courtdecision, Garcetti v. Cehallos (2006) held that the First Amendment free speech guarantees forgovernment employees do not protect disclosures made within the scope of the employees’ duties.
Common reactions
Ideas about whistleblowing vary widely. Whistlehiowers are commonly seen as selfless martyrs forpublic interest and organizational accountability; others view them as “tattle tales” or “snitches,” solelypursuing personal glory and fame. Some academics (such as Thomas Alured Faunce) fee.] thatwhistleblowers should at least he entitled to a rebuttable presumption that they are attempting to applyethical principles in the face of obstacles and that whistleblowing would he more respected ingovernance systems if it had a firmer academic basis in virtue ethics.1
It is probable that many eople do not even consider blowing the whistle, not only because of fear ofretaliation, but also because of fear of losing their relationships at work and outside work.°1
Because the majority of cases are very low-profile and receive little or no media attention and becausewhistleblowers who do report significant misconduct are usually put in some form ot danger orpersecution. the idea of seeking fame and glory may he less commonly helieved. tttwh1 net’thdl
Persectnioii of witistleblowers has become a serious issue in many parts of the world. Althoughwhistlehlowers are often protected under law from employer retaliation, there have been many caseswhere punishment for whistlehlowing has occurred, such as termination, suspension, demotion, wagegarnishment, and/or harsh mistreatment by other employees. For example, in the United States, mostwhistleblower protection laws provide for limited “make whole” remedies or damages for employmentlosses if whistlehiower retaliation is proven. However, many whistleblowers report there exists awidespread “shoot the messenger” mentality by corporations or government agencies accused ofmisconduct and in sonic cases whisileblowers have been subjected to criminal prosecution in reprisal forreporting wrongdoing.
As a reaction to this many private organizations have formed whistlehiower legal defense funds orsupport groups to assist whistlehiowers; two such examples are the National Whistleh/on’ers Center’in the US and Pub/ic C’oiicerii at Work1 2j
in the UK. l)epending on the circumstances, it is notuncommon for whistlehlowers to he ostracized by their co—workers, discriminated against by futurepotential employers, or even fired from their organization. This campaign directed at whistleblowerswith the goal of eliminating them from the organization is referred to as mobbing. It is an extreme formof workplace html lying wherein the group is set against the targeted individual.
Legal protection
See also: Whistleblower protection (disambiguation)
Legal protection for whistleblowing varies from country to country and may depend on any of the
country of the original activity, where and how secrets were revealed, and how they eventually became
published or publicized. For purposes of the English Wikipedia, this section emphasizes the English-speaking world and covers other regimes only insofar as they represen.t exceptionally greater or lesser
protections.
USA
Whistlehiowing is complex patchwork of contradictory laws within the US, and a list can he found atWhistleblower protection in United States.
In the United States, legal protections vary according to the subject matter of the whistlehiowing, and
H1sometimes the state in which the case arises. - In passing the 2002 Sarbanes—Oxley Act, the Senate
Judiciary Committee found that whistlehiower protections were dependent on the “patchwork and
vagaries” of varying state statutes.114’ Still, a wide variety of federal and state laws protect employeeswho call attention to violations, help with enforcement proceedings, or refuse to obey unlawful
directions.
Personnel Board; and Ohio public employees to file appeals with the State Personnel Hoard of Review).It is 30 days for environmental whistlehiowers to make a written complaint to the Occupational Safetyand Health Administration (OSHA), Federal employees complaining of discrimination, retaliation orother violations of the civil rights laws have 45 days to make a written complaint to their agency’s eqLlalemployment opportunity (EE()) officer. Airline workers and corporate fraud whistlehlowers have 90days to make their complaint to OSI-IA. Nuclear whistleblowers and truck drivers have 180 days tomake complaints to OSHA. Victims of retaliation against union organizing and other concerted activitiesto improve working conditions have six months to make complaints to the \ational Labor RelationsBoard (NLRI3). Private sector employees have either I 8() or _0() days to make complaints to the federalEqual Employment Opportunity Commission (EEOC) (depending on whether their state has a “deferral”agency) for discrimination claims on the basis of race, gender, age, national origin or religion. Thosewho Face retaliation for seeking iii i nimum wages or overtime have either t o or three years to file a civillawsuit, depending on whether the court finds the violation was ‘will (uI
Those who report a false claim against the federal government, and suffer adverse employment actionsas a result, may have tip to six years (denendinu on stale law) to file a civil suit for remedies under theUS False Claims Act (R201
Wall Street
Securities whistlehiowers are pro’ic1el incentives and protection by the l)odd—Frank Wall Street Reform
and Consumer Protection Act (201 0. The l)odd—Frank Act oilers whistlehiowers significant
incentives and increases protection for whistleblowers in the SEC whistleblower program. This
legislation authorizes the SEC to reward those who provide in ftrmation concerning violations of the
federal securities laws at companies that are required to report to the SEC.
Further, the l)odd—Frank Act strengthens the whistlehiower protection provisions of the False Claims
Act, and contains one of the strongest confidentiality provisions for whistlehlowers ever enacted. For the
first time. whistleblowers will he allowed to initlally report fraud anonymously by filing a claim through
an attorney.
Additionally, the law prohihits employers trom retaliating against whistlehlowers. Employers may not
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National Archives and Records Administration Freedom of
Information Act (FOIA)
Reference Guide
I. Introduction Table of Contents
The Freedom of Information Act, or FOIA (5 • I. Introduction
U.S.C. 552, as amended), generally provides any • II. Access to Certain Records Without
person with the statutory right to obtain access to Formal FOJA Request
Government information in executive branch • III. Where to Make a FOIA Request
agency records. This right of access is limited to
IV. How to make a FOIA Requestthe extent information is protected from disclosure
by one of FOlks nine statutory exemptions. This • V. Response Times
right of access is enforceable in court and is • VI. Expedited Processing
supported at the administrative agency level by
• VII Fees
transparency and open government initiatives
mandated by President Obama and Attorney • VIII. Fee Waivers
General Holder. • IX. Request Determinations
X. FOIA Appeals
The FOIA does not, however, provide access to
records of the Congress or the federal courts, • XI. Judicial Review
records of state or local government agencies. or • Appendix A
records of private businesses or individuals. All • Appendix B
states have their own statutes governing public
access to state and local government records; state agencies should be consulted for further
information about them.
The goal of this Reference Guide is to familiarize you with the specific procedures for making a FOIA
request to the National Archives and Records Administration (NARA). Following the information in this
Guide will make it more likely that you will receive the information that you are seeking in the shortest
amount of time possible. This Reference Guide also includes descriptions of the types of records
maintained by different parts of the agency, some of which are readily available through means other
than the FOTA.
Initially, it is important to understand that there is no central office in the government that processes
FOIA requests for all federal agencies. Each agency responds to requests for its own records
Therefore, before sending a request to NARA. you should determine whether this agency is likely to
have the records you are seeking. Each agency should have its own FOPA reference guide, so if the
records you are interested in are kept by another agency you may wish to request a copy of that
agency’s guide.
Request Determinations
When we have completed the search and review process in response to your request, we will informyou of our decision in writing. Our response will teU you how much material we found and the chargesdue. If the records are being released only in part. we will estimate the amount of the withheldinformation and cite any exemptions that apply. If we deny any part of your request, we will explain thereasons for the denial. which FOIA exemptions apply, and your right to appeal our decisions.
NARA will deny a FOIA request in whole or in part only when we determine that nforrnation may bewithheld under one or more of nine exemptions:
• 5 U.S.C. 552(b)(1): National security classified information.
• 5 U.S.C. 552(b)(2): Related solely to the internal personnel rules and practices of an agency.
• 5 u.s.c. 552(b)(3): Information specifically exempted from disclosure by statute.
• 5 u.s.c. 552(b)(4): Trade secrets and commercial or financial information obtained from aperson that is privileged or confidential.
• 5 u.s.c. 552(b)(5): Inter- or ntra- agency memoranda protected by either the deliberativeprocess privilege or the attorney work-product privileges.
• 5 u.s.c. 552(b)(6): Personnel and medical files and similar files the disclosure of which wouldconstitute a clearly unwarranted invasion of personal privacy.
• 5 U.S.C. 552(b)(7): Records or information compiled for law enforcement purposes, to theextent that the production of these records could:
• (b)(7)(A) could reasonably be expected to interfere with enforcement proceedings:
• (b)(7)(B) would deprive a person of a right to a fair trial or an impartial adjudication:
• (b)(7)(C) could reasonably be expected to constitute an unwarranted invasion of personalprivacy;
• (b)(7)(D) could reasonably be expected to disclose the identity of and/or informationprovided by a confidential source;
• (b)(7)(E) ‘ioud disc’cse techniques and procedures for law enforcement investigations orprosecutions, or Noid aiscose guidelines for law enorcernen investigations or prosecutions;or.
• (b)(7;F) could reasonably be expected to endanger the fe or physoa: safety of any
Individual,
• 5 U.S.C. 552(b)(8): Information relating to the supervision of financial institutions.
• 5 U.S.C. 552(b)(9): Geological and geophysical information and data. including maps.
concerning wells.
Most of these exemptions apply to only a few of the archival records in our custody. In addition ifonly part of a record must be withheld, the National Archives will provide access to the rest of therecord.
Presidential records subject to the PRA may also be withheld under six PRA restrictions during thefirst twelve years after the end of an administration: however FOIA exemption 5 U.S.C. 552(b)(5) doesnot apply to Presidential records:
• 44 U.S.C. 22..4(a)(1): National security classified information.
• 44 U.s.c. 2204(a)(2): Relating to ::.. .ntments to Federal office.
• 44 U S.C 2204(a)(3): Information specifically exempted from disclosure by statute.
• 44 U.S.C. 2204(a)(4): Trade secrets and commercial or financial information obtained from a
person that is prvHeged or confic4ential
• 44 U.S.C. 2204(a)(5): Confidential communications requesting or submitting advice, between
the President and his advisers, or between such advisers.
• 44 U.S.C. 22.4(a)(6): P sonnei ani medical files and similar files the disclosure of which
wcu!d constitute a cle9rlI ii arranter vasion of ersona! privacy.
Judicial Review
If you believe that the National Archives has not handled your FOIA request in accordance with the
law, you have the right to challenge the agency’s action in a lawsuit filed in federal court. Ordinarily.
you must first have filed an administrative appeal and received a response. If the National Archives
fails to respond to either your initial request or your appeal within the statutory time limits, however,
you may file suit.
If you do bring a court action, you may file your suit in a federal district court in any of the following
places.
• where you reside;
• where you have your principle place of business (if any);
• in the District of Columbia: or
• where the records are located if they are not located in the District of Columbia
You have six years from the date of NARA’s final decision to file a suit under the FOIA.