What Specific Federal Laws Protect Different Classes of Whistleblowers?

Many workers understand the importance of whistleblowers in the discovery and prevention of business fraud and other types of improper workplace activity. They might also know that laws exist to protect them against retaliation from their employer for reporting misconduct. The actual legal framework is very complicated however, and several different federal statutes can be applied depending on the specific circumstances.

Specific laws that offer some form of protection to whistleblowers include the following:

  • Whistleblower Protection Act — The best place to start is the Whistleblower Protection Act, which is the baseline law safeguarding government whistleblowers, Under this law, federal employees are protected from retaliation, such as demotion or dismissal, for reporting illegal activities. The law ensures that individuals can safely report legal violations without fear of losing their jobs or facing other consequences from their employers. Several years after the law was passed, the Whistleblower Protection Enhancement Act filled in some gaps from the original statute, such as granting whistleblower status even when a report was made to someone beside a direct supervisor. 

  • False Claims Act — A provision within the False Claims Act authorizes individuals to file lawsuits, sometimes referred to as qui tam litigation, on behalf of the federal government when they suspect fraud involving government contracts or programs. Should the case be successful, whistleblowers can receive a percentage of the recovered funds.

  • National Defense Authorization Act — This law bars retaliation against employees of defense contractors and subcontractors who point out fraud in deals involving goods and services for the armed forces.  

  • Sarbanes-Oxley and Dodd-Frank acts — Scandals within the financial industry led to the passage of the Sarbanes-Oxley Act, which covers employees of publicly traded companies who report securities fraud or accounting violations. Further safeguards related to financial market were put into place with the enactment of the Dodd-Frank Act. Under this statute, financial rewards can be issued to individuals who provide valuable information to the Securities and Exchange Commission or the Commodity Futures Trading Commission.

  • Occupational Safety and Health Act — Under OSHA, employees can file complaints regarding workplace safety without fear of retaliation. 

These laws ensure that employees can come forward without worrying about being fired, and many offer financial incentives to encourage whistleblowing. Don’t hesitate to speak with one of the knowledgeable attorneys at Kardell Law Group to learn which statutes apply to your case and what type of legal relief might be available.