Whistleblowing, put simply, is the disclosure of information related to illegal, unethical, or negligent activities within organizations. In many cases, the disclosure is brought to the attention of the government or media in order to bring attention to or correct the problem, often leading to a productive outcome such as change in policy or punishments for those responsible.
Here are some examples of whistleblowing:
1. Jeffrey Wigand, the former vice president of the Brown & Williamson Tobacco Corporation, publically revealed company information that contradicted the company’s claims that nicotine was not addictive.
Wigand was unaware that his former company was lying to the public and urged CBS to air a segment where he told his story.
2. Chelsea Manning, a former US Army Intelligence Analyst, leaked classified military and diplomatic documents to the website WikiLeaks in 2010 and 2011. Manning provided the files in an effort to protect the innocent and expose the reality of a seemingly never-ending military conflict.
3. Mary T. Mochary raised awareness about irregularities in accounting practices at her firm, Bankers Trust. After exposing many issues, federal regulators charged the company with fraud and compelled them to pay back customers a staggering $60 million.
4. Sherron Watkins, an employee of Enron Corporation, brought to attention her fears about the company’s accounting practices and the potential for a major scandal. Her whistleblowing initiated the investigation which eventually led to fraudulent charges as well as the indictment of Enron’s top-ranking officials.
In each case, the whistleblower was brave enough to bring to attention wrongdoings taking place within the organization despite the potential threats to their career. Whistleblowing is a difficult task to undertake, but when done responsibly can help enact positive change.
What are the five conditions wherein whistle blowing is ethical?
Whistle blowing is the act of revealing confidential information about an organization, typically about unethical and/or illegal practices being conducted, to the public or to people with authority to take action on the matter.
Ethical whistle blowing involves the disclosure of information that is unlawful, harmful or poses a threat to public safety. The following are five conditions wherein whistle blowing is ethical:
1. If the person who is the whistle blower has a reasonable belief that the situation is life threatening to either himself or another individual: If a person has a real and reasonable belief that disclosing confidential information is the only acceptable course of action to protect himself or someone else against life-threatening danger, then whistle blowing can be ethical.
2. If the whistle blower has a reasonable belief that evidence of a criminal activity exists: Whistle blowing can be seen as an ethical act if the informant has a reasonable belief that evidence of an unlawful act or crime exists and disclosure of that information could prevent future harm or a serious breach of public trust.
3. If the whistle blower has a reasonable belief that financial regulations are not being followed, thus detrimental to the public: Financial regulations are put in place to safeguard the public, who can suffer if those regulations are not being followed.
A whistle blower with a reasonable belief that a company or organization is in breach of these regulations can be acting ethically if they disclose the information to the applicable authority.
4. If the whistle blower has a reasonable belief that the environment is being harmed: The environment can suffer significant and irreparable damage if certain regulations and standards are not followed.
Whistle blowers can act ethically if they have a reasonable belief that disclosing information can prevent or mitigate the impact on the environment.
5. If the whistle blower has a reasonable belief that information is being withheld from the public domain: Sometimes, an organization may withhold information from the broad public domain, potentially because it casts the company or organization in a negative light.
An ethical whistle blower may disclose information to the applicable authority if they have a reasonable belief that the public has a right to know.
What are whistleblowers examples in the workplace?
Whistleblowers are individuals who bring attention to improper or illegal activities occurring in the workplace. Examples of these activities can include financial fraud, workplace safety violations, or unethical practices.
Often, whistleblowers are employees who detect these improper activities and come forward to identify them.
In the United States, there are legal safeguards in place to protect whistleblowers from employer retaliation. The Whistleblower Protection Act of 1989 prohibits any reprisal against an employee who makes a protected disclosure of information that they reasonably believe is evidence of a violation of the law.
There have been various famous examples of whistleblower cases in the workplace. In 2011, a former Countrywide Financial employee warned the public about improper mortgage processors. In 2012, a Lockheed Martin engineer exposed cost overruns in a missile defense project.
In 2016, a Wells Fargo employee identified issues with their sales practices. These are all examples of individuals within the workplace speaking up for the public interest.
Whistleblowers have an important role to play in a healthy and ethical workplace. They often detect wrongdoing that would otherwise go unchecked and help create a more accountable organizational culture.
It is important to recognize the critical role that whistleblowers can play in upholding policy, protecting workers’ rights, and ensuring compliance with the law.
How do you prove whistleblowing?
Proving whistleblowing involves collecting evidence to prove that one is reporting a valid violation or wrongdoing. Such evidence can include reports or correspondences of activities which were wrong or illegal, documents or emails demonstrating compliance with relevant laws and regulations, or employee records.
Additionally, whistleblowers may need to provide deposition testimony, or consulting expert witness reports, to support their claims. Collecting evidence of whistleblowing can be a complex process and often requires an attorney to ensure proper preservation and protection of the information.
It’s also important to note that whistleblower protection laws may vary from state to state, so consulting a lawyer familiar with the relevant statutes is an important step when taking legal action to protect one’s rights as a whistleblower.
Who should a whistleblower report to?
A whistleblower should report any type of wrongdoing or misconduct to a person or organization outside of their own workplace. Depending on the situation and the laws and regulations where the individual or organization is located, a whistleblower may report their concern to their employer, a government agency, industry regulators, or an external organization such as a journalist, lawyer, or non-governmental organization.
If the concern involves alleged illegal conduct, a whistleblower should report to a body that is responsible for ensuring that applicable laws and regulations are enforced, such as a law enforcement agency or regulatory body.
For example, a whistleblower could report to their local FBI office, a state or county prosecutor, or the Securities and Exchange Commission (SEC).
If the concern involves an alleged violation of an employer’s policies or procedures, a whistleblower should report their concerns either to the relevant authorities at their workplace or to the relevant external authority with the power to investigate and address any suspected misconduct.
For example, a whistleblower could report an incident of workplace discrimination to the equal employment opportunity office at their workplace, or to the relevant state or federal agency responsible for investigating such cases.
When making a report, a whistleblower should make sure to document as much information as they can, such as details of the wrongdoing, the identity of involved parties, and the dates and times when the incident occurred.
It is important for a whistleblower to ensure that their identity is not disclosed to anyone until they have spoken to their reporting body, as doing so could have negative repercussions for the whistleblower.