A whistleblower is a person who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organization that is either private or public. The Whistleblower Protection Act was made into federal law in the United States in 1989.

Whistleblower protection laws and regulations guarantee freedom of speech for workers and contractors in certain situations. Whistleblowers are protected from retaliation for disclosing information that the employee or applicant reasonably believes provides evidence of a violation of any law, rule, regulation, gross mismanagement, gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.5 U.S.C. 2302(b)(8)-(9), Pub.L. 101-12 as amended.

Law The law covering whistleblowers falls under the category of Public law.

Public law

Public law governs the relationship between people and the state and comprises three types: constitutional law, criminal law, and administrative law. Constitutional law governs the principles and the powers of the government and the relationships between the different parts of the government. Criminal law restricts conduct that threatens safety and welfare of society or the state. Administrative law regulates the operation and the procedures of government agencies. The judicial branch of government interprets the laws, and its body of laws is called case law.

Administrative

Excluding uniformed military, about 65% of federal government workers are employed within the executive branch, and they are subject to orders and regulations issued by the President called executive orders as well as regulations issued by administrative authorities acting under the President and codified under Title5 of the Code of Federal Regulations as follows: EO 12674 - Principles of Ethical Conduct for Government Officers and Employees 5 C.F.R. Part 2635, as amended at 81 FR 48687 - Standards of Ethical Conduct for Employees of the Executive Branch EO 12356 - National Security Information Whistleblower protection laws for the military: SECNAVINST 5370.7C: Military Whistleblower Reprisal Protection 10 U.S.C. 1034 Military Whistleblower Act Department of Defense Directive

Other organizations that provide similar information: Health and Human Services Department of Homeland Security US Air Force US Army US Department of Defense US Marine Corps US Marshals Service US Navy

Senior officers who fail to act on information regarding crime or incompetence are subject to a permanent reduction in rank or court-martial. Civilians who occupy senior pay grades have similar requirements and restrictions.

States are organized in much the same way, and governors issue executive orders.

Criminal

Hazardous chemical exposure provides an example of whistleblower action.

Disclosure and product safety are the difference between legal insecticide application and assault with a deadly weapon.

In most areas, the law requires physicians to file a report for "Any person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct." Mandated reporters are obligated to submit a report to a local law enforcement agency as follows. The name and location of the injured person, if known. The character and extent of the person's injuries. The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person.

Employers must inform and train employees before insecticide exposure to avoid criminal prosecution that could occur in addition to workers' compensation obligations when the employee consults a physician.

In United States common law, non-criminal battery is "harmful or offensive" contact resulting in an injury that does not include intent to commit harm. This is called tortuous battery, and this falls into the same category as automobile accidents which are handled with workers' compensation. This is applicable even if there is a delay between the harmful act and the resulting injury.See, e.g. Fisher v Carrousel Motor Hotel, Inc., 424 S.W.2d 627 (1967).See, e.g., Leichtman v. WLW Jacor Communications, 92 Ohio App.3d 232 (1994) (cause of action for battery where tortfeasor blew cigarette smoke in another's face).

The definition of criminal battery is (1) unlawful application of force (2) to the person of another (3) resulting in bodily injury. For example, an employer commits a crime if they fail to disclose insecticide exposure in accordance with public law (unlawful force) then subsequently violates the product labeling in the assigned work area (to the person), resulting in permanent disability (bodily injury).

Insecticide injury is an accident and not a crime if EPA is informed, employees are adequately trained before exposure, and products are correctly labeled. Similar principles apply to rental property occupants, occupants of public buildings like schools, and customers exposed by a business owner.

Criminal penalties also exist within the Sarbanes–Oxley Act regarding company finance.

Financial irregularities involving Misappropriation is one area where criminal penalties apply to federal managers. Funds allocated by Congress for one purpose may not be spent for a different purpose, including payroll. The U.S. Navy provides an example.

Title 18, United States Code, Section 1001 establishes criminal penalties for false statements. This applies to false statements exchanged between federal employees, including managers, appointed officials, and elected officials.

Criminal penalties also apply when crimes occur in the workplace, as is often the case with an injury. For example, an illness that results after workplace exposure to hazardous substances requires medical evaluation. For the evaluation, access to the product's safety data sheet that contained the hazardous substance is required, as well as verification of workers compensation. Failure to post mandatory information is a crime.

Retaliation remedies are limited to withholding payroll from the manager and civil remedies that involve the Civil Service Reform Act.

State laws are also applicable to federal workers, and California provides an example. California Labor Code Section 6425

State law

Some states have statutes regarding whistleblowing protections. One of these states is New York;N.Y. Labor Law § 740. a school nurse who was fired due to mandated reportingSee N.Y. Social Services L. § 413. of a single case of child abuse that was allegedly "covered up" could seek protection under New York law.Vilarin v. Rabbi Haskel Lookstein School, 96 A.D. 1 (1st Dep't 2012).Leonard M. Rosenberg, "In New York Courts", NYSBA Health Journal, 6, Summer/Fall 2012 (Vol. 17, No. 3).

U.S. labor law and policy

Employer activity that is not prohibited by law is usually permitted. Ignorance of the law does not make something legal. Managers cannot order people to participate in situations involving something that is illegal, unethical, or unhealthful. When a worker feels that this is the case, they may file a dispute. Workers will often prevail if some kind of law or public policy can be used to justify a dispute. When a dispute goes to grievance, then laws and policies need to be cited, otherwise, the dispute may fail.

The Prohibited Personnel Practices Act amended United States Code, Title 5: Government Organization and Employees to provide federal employees with whistleblower protection. The law forbids retaliation for whistleblowing.

One of the more pressing concerns is workplace safety. Failure to satisfy building codes established by the International Code Council can have a negative impact on occupational safety. Buildings constructed before 1990 probably do not satisfy these requirements.

As an example, managers may not recognize the reason for elevated illness rates when fresh air ventilation for the building is shut down. The building no longer satisfies OSHA laws and building codes without fresh air. EPA recommends fresh air exchange of no less than 15 cfm/person to prevent the accumulation of toxic chemicals in the air, like the carbon dioxide that is exhaled in human breath. Inadequate fresh air will cause illness or death due to excess buildup of toxic gasses inside buildings.

Building codes applicable to most areas of the United States are as follows: Air ventilation: EPA International Building Code International Mechanical Code International Plumbing Code National Electrical Code National Fire Protection Association

Supreme Court

The US Supreme Court has limited whistleblower protections for public disclosures based on free speech for most government workers. Garcetti v. Ceballos held that the First Amendment does not apply to situations that fall within the scope of the job description associated with the employment of each government worker. The Supreme Court decision means that government management may discipline government employees who publicly disclose crime and incompetence under certain circumstances.

Job-related functions are supposed to be disclosed to management by grievance to the Inspector General, to the [Office of Special Counsel], to appointed officials, or to elected officials.

Issues that exist outside the job-description are not prohibited by Garcetti v. Ceballos. Public disclosure of the work environment not related to work assignments does not compromise essential functions like national security and law enforcement. In theory, criminal penalties apply to managers that discipline employees for public disclosure of situations outside the job description.

The following are some examples of situations outside the job description. Undisclosed hazardous material exposure when the hazard is not in the job description Unauthorized acceptance of defective goods or services when the defect is not associated with the job description Sexual harassment, racial discrimination, slander, and stalking Failure to provide meals, breaks, and rest time Compulsory work assignments without pay.

Disclosing misconduct, free speech and retaliation Federal and state statutes protect employees from retaliation for disclosing other employee's misconduct to the appropriate agency.

The difficulty with the free speech rights of whistleblowers who make their disclosures public, particularly those in national defense, that involve classified information can threaten national security.

Civilian employees and military personnel in the intelligence gathering and assessment field are required to sign non-disclosure agreements, a practice upheld by the Supreme Court in Snepp v. United States. Courts have ruled that secrecy agreements circumscribing an individual's disclosure of classified information did not violate their First Amendment rights. Non-disclosure agreements signed by employees create similar conflicts in private business.

The United States Office of Special Counsel provides training for the managers of federal agencies on how to inform their employees about whistleblower protections, as required by the Prohibited Personnel Practices Act (5 USC § 2302). The law forbids retaliation for whistleblowing. (See: U.S. Labor Law and Policy above.)

Acts

False Claims Act of 1863

The False Claims Act (a.k.a.: the Lincoln Law) states details describing the process of an employee who files a complaint that turns out not to be valid. Congress enacted the law to provide a legal framework to deal with military contractors engaged in defrauding the federal government. This fraud occurred through either the overcharging of products or providing defective war material, including food and weapons. The original issue that spurred Congressional action was the sale of defective cannons. These cannons were known to blow up and cause casualties among Union troops.