Section 2302b8 of title 5, united states code, as amended by the whistleblower protection act of 1989 and the whistleblower protection enhancement act of 2012 governing disclosures of illegality. The whistleblower protection act of 1989 shields government employees who report unfair practices in management. The whistleblower protection act of 1989, referred to in subsec. Attached for your information is a copy of the abovecaptioned bill as passed by the senate on 16 march 1989, by a vote of 970. In addition, the law prohibits retaliation for filing an. Rendered tuesday, april 28, 2020 page 2 michigan compiled laws complete. When congress first enacted the whistleblower protection act wpa in 1989, it stated that the intent of the legislation was to. Whistleblower protection in the united states wikipedia. Section 2302b8 of title 5, united states code, is amended. Intelligence identities protection act of 1982 50 u. This act provides protection to whistleblowers who may receive demotions, pay cuts, or a replacement employee.
The act was created when whistleblowers dealt with intimidation in the workplace after reporting fraudulent activity taking place in their division. It is unlawful for agencies to take or threaten to take a personnel action against an employee because he or she disclosed wrongdoing. One of the most recent federal laws established to protect those who call out perceived corruption is the whistleblower protection act of 1989. Whistleblower protection is a policy that all government leaders support in public4 but few in power will tolerate in private. In the whistleblower protection enhancement act of 2012, congress unanimously expanded whistleblowing to shield. Speaking up for science government accountability project. The wpa makes it illegal to take or threaten to take a personnel action against a federal employee because the employee has made. This act shall be known and may be cited as the whistleblowers protection act. As a result, until passage of the whistleblower protection act of 1989 wpa or the act,6 most statutory.
The law strengthened the protections for federal employees who disclose evidence of waste. The whistleblower protection act, 1989, is complemented by the private sector focused. Whistleblower resources eeoc office of inspector general. The california whistleblower protection act the act, which gives the california state auditor the authority to receive and investigate complaints about improper governmental activities, also protects. Whistleblower protection act of 1989 separates the office of special counsel from the merit systems protection board. The intelligence community whistleblower protection act of 1998 icwpa,4 as amended, is intended to assist whistleblowers in the ic who are specifically excluded from the whistleblower protection act of 1989, which applies to federal employees outside of the ic who work in an. The whistleblower protection act wpa provides statutory protections for federal employees who engage in whistleblowing, that is, making a disclosure evidencing illegal or improper government activities. Empowers the special counsel to represent and act as legal counsel on behalf of employees alleging prohibited personnel practices, especially whistleblowers. Whistleblower protection act of 1989 bothwell law group. Intelligence community whistleblower protection act icwpa of 1998 the intelligence community whistleblower protection act of 1998 icwpa,4 as amended, is intended to assist whistleblowers in. The act was created when whistleblowers dealt with intimidation in. Mar 09, 2018 the whistleblower protection enhancement act of 2012 wpea was signed into law in 2012. Rendered tuesday, april 28, 2020 page 2 michigan compiled laws complete through pa 84 of 2020.
Whistleblower protection act of 1989 th bender executive. Sep 26, 2019 one of the most recent federal laws established to protect those who call out perceived corruption is the whistleblower protection act of 1989. Whistleblower protections under the whistleblower protection act this practice note describes the whistleblower protection act of 1989 wpa, as amended by the whistleblower protection. The whistleblower protection act of 1989 addressed this deficiency. Federal legal protections for whistleblowers were enacted through the whistleblower protection act of 1989. While whistleblowing was already protected by federal law such as the civil service reform act of 1978, no specific statute broadly protected a government employees ability to report misdeeds without reprisal. Whistleblower protection act governing disclosure to congress by members of the military.
Whistleblower protection act of 1989 listed as wpa. But perhaps the intricacies are not all understood. Apr 06, 2016 the whistleblower protection act of 1989 shields government employees who report unfair practices in management. With its expeliise and experience, gap possesses a unique perspective not otherwise available to the court that. Section 2302b8 of title 5, united states code, as amended by the whistleblower protection act of 1989 and the whistleblower protection enhancement act of 2012 governing disclosures of illegality, waste, fraud, abuse or public health or safety threats. Read on to learn all about the federal whistleblower act, what it means and how it offers protection. Pursuant to the whistleblower protection enhancement act of 2012, the cpsc established a whistleblower ombudsman to educate agency employees about prohibitions on retaliation for whistleblowing, as well as employees rights and remedies if subjected to retaliation for making a protected disclosure. The house passed the same bill by voice vote on 21 march. Whistleblower protection enhancement act department of justice. One hundred first congress of the united states of america.
This act may be cited as the whistleblower protection enhancement act of 2012. The whistleblower protection enhancement act of 2012 exit and the whistleblower protection coordination act of 2018 amended the inspector general act of 1978 5 u. Whistleblower protection act of 1989 how is whistleblower protection act of 1989 abbreviated. The whistleblower protection enhancement act of 2012 wpea was signed into law in 2012. Law and practice on protecting whistleblowers in the public ilo. Whistleblower protection act of 1989 as of apr 10, 1989 passed congress version. California state auditor whistleblower protections. An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other. Whistleblower protection epas office of inspector general. Congress enacted the whistleblower protection act of 1989 wpa, later amended by the whistleblower protection enhancement act of 2012 and other laws, to strengthen and improve protections for federal employee whistleblowers. The law strengthened the protections for federal employees who disclose evidence of waste, fraud, or abuse. The whistleblower protection act of 1989 is a law that protects federal government employees in the united states from retaliatory action for voluntarily disclosing information about dishonest or illegal. Oct 02, 2019 federal legal protections for whistleblowers were enacted through the whistleblower protection act of 1989. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, section 1.
The whistleblower protection act protects federal employees who disclose information that they reasonably believe is evidence of a. In 1989, congress passed the whistleblower protection act to strengthen and improve. Whistleblower protections under the whistleblower protection act. Each time the whistleblowers dissent was vindicated. Congress enacted the whistleblower protection act of 1989 wpa, later amended by the whistleblower protection enhancement act of 2012 and other laws, to strengthen and improve protections for. 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. Attached for your information is a copy of the above. Mar 16, 2017 whistleblower rights and protections were initially addressed by the civil service reform act of 1978. Us whistleblowers first got government protection in 1777. One hundred twelfth congress of the united states of america.
It discusses whistleblower protections for federal employees under the wpa, including protected disclosures, covered. The whistleblower protection act protects federal employees who disclose information that they reasonably believe is evidence of a violation of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. Section 2302b8 of title 5, united states code, as amended by the whistleblower protection act of 1989 governing disclosures of illegality. The international emergence of legal protections for. While there is the federal whistleblower protection act of 1989 wpa, 6 this act does not apply in a business or private sector c ontext, it only shields federal government employees from. Whistleblower protections under the whistleblower protection act this practice note describes the whistleblower protection act of 1989 wpa, as amended by the whistleblower protection enhancement act of 2012 wpea. The whistleblower protection act included several specific provisions.
The whistleblower protection act protects federal employees who disclose information that they. In 1989, congress passed the whistleblower protection act to strengthen and improve protection for the rights of federal employees, to prevent reprisals, and to help eliminate wrongdoing within the government. Pursuant to a congressional request, gao discussed whistleblower protection and the office of special counsel osc, focusing on. An overview summary this report discusses the federal statutory protections contained within the whistleblower protection act wpa for federal employees who. The whistleblower protection enhancement act of 2012 exit and the whistleblower protection coordination act of 2018 amended the inspector. In the whistleblower protection enhancement act of 2012, congress unanimously expanded whistleblowing to shield disclosures of scientific censorship that would result in one of the aforementioned types of misconduct. The law offers the whistleblower some protection from criminal prosecution and. Section 2302b8 of title 5, united states code, as amended by the whistleblower protection act of 1989 governing disclosures of illegality, waste, fraud, abuse or public health or safety. The law offers the whistleblower some protection from criminal prosecution.
Merit systems protection board and united states postal service, respondents. Whistleblower protection act of 1989 employment law group. The wpea also requires that any nondisclosure policy, form, or agreement include the statement copied below, and provides that any such policy, form. Whistleblower protection act of 1989 the employment law group. The law was enacted to protect federal employees who. Pursuant to the whistleblower protection enhancement act of 2012, the cpsc established a whistleblower ombudsman to educate agency employees about prohibitions on. Read on to learn all about the federal whistleblower act, what it means and how it. Retaliation occurs when an employer through a manager, supervisor, or administrator fires an employee or takes any other type of adverse action against an employee for engaging in protected activity. Whistleblower protection is essential to safeguard the public interest and to promote a culture of public accountability and integrity. The whistleblower protection act of 1989 prohibits reprisal. Be it enacted by the senate and house of representatives of the whistleblower united states of america in congress assembled, protection act of 1989. The whistle blowers protection amendment bill, 2015.
Protection act governing disclosure to congress by members of the military. About us in our own words video interview with our managing director pdf office and locations media and news case studies glossary whistleblower protection act of 1989. Committing to effective whistleblower protection this report analyses whistleblower protection frameworks in oecd. The whistleblower protection act of 1989 wpa is commonly heard of. The whistleblower protection act of 1989 is a law that protects federal government employees in the united states from retaliatory action for voluntarily disclosing information about dishonest or illegal activities occurring in a government organization. An overview summary this report discusses the federal statutory protections contained within the whistleblower protection act wpa for federal employees who engage in whistleblowing, that is, making a disclosure evidencing illegal or improper government activities. This report presents 12 case studies to illustrate the danger they risk by defending the public.