Whistleblowers instill transparent, ethical, and accountable practices within an organization’s functionalities. Reporting tends to stem from witnessing illegal, harmful, or unethical behaviors that are frequently unnoticed.
In doing so, employees might run into retaliation and pushback from employers. Because of the significance of whistleblowing, efforts to create legal frameworks have been instilled to safeguard those who choose to step forward.
Read this whistleblower guide to learn more about knowing and defending your rights, or call our team to speak with a seasoned attorney.
Defining Retaliation
Retaliation is the action an employer takes against an employee for engaging in whistle-blowing activity. The employer may hold any leadership position, including managers, supervisors, or administrators. Some forms of retaliation include the following:
- Firing or laying off
- Denying overtime
- Dismissing promotion
- Disciplining or proposing threats
- Denying benefits
When retaliation efforts are in place, it can deplete morale and instill fear in employees. To protect oneself, it is vital to be on the lookout for any potential threats of retaliation to be reported when the process begins.
The Agencies to Consult for Whistleblower Cases
Whistleblower protections are instilled through the U.S. Department of Labor, which is responsible for administering and enforcing various labor laws. These laws protect employees, job searchers, and retirees’ rights. To ensure that various industries are protected, five specialized agencies enforce the protection of whistleblower and anti-retaliation laws.
Occupational Safety and Health Administration (OSHA)
The mission of OSHA is to ensure an environment is up to safety and health standards by providing training, education, outreach, and assistance to employers and employees. OSHA regulates over 20 whistleblower protection laws, specifically Section 11(c) of the Occupational Safety and Health (OSH) Act.
This act prohibits any form of retaliation when workers are concerned about unsafe or unhealthy working conditions. Complaints can be filed, called in, written, or presented at a walk-in at an OSHA office.
Mine Safety and Health Administration (MSHA)
MSHA investigates safety and health standards for mine and mine workers within the United States. These efforts are made to reduce injuries, deaths, and illnesses. Representatives are sent to evaluate all instilled safety measures and conduct accident investigations if present.
MSHA offers technical and educational assistance to mine operators to ensure that working conditions and precautionary measures are up to par. In the mining industry, whistleblowers are protected from retaliation for reporting hazards, requesting inspections, or refusing to work under unsafe conditions.
Office of Federal Contract Compliance Programs (OFCCP)
The OFCCP is responsible for protecting workers from workplace discrimination (e.g. race, sex, sexual orientation, gender, national origin, and disability). The agency oversees contractors, subcontractors, and other businesses working alongside the federal government.
To promote diversity, the OFCCP ensures a legal requirement not to discriminate and takes action against those who report. Reporting can be discrimination complaints or providing evidence and information to an agent when completing an evaluation.
Wage and Hour Division (WHD)
WHD promotes compliance with labor standards to protect the rights and welfare of the workforce. The agency oversees the enforcement of the federal minimum wage, record keeping, overtime compensation, and child labor requirements. WHD reviews reports and investigates migrant and seasonal agricultural workers, family and medical leave, and employee polygraph testing protection.
Veterans’ Employment and Training Service (VETS)
The VETS agency assists America’s veterans, reservists, National Guard members, and their spouses in navigating the job market. They aim to provide various resources and expertise to aid those they serve with fulfilling careers. VETS agents investigate submitted complaints and go through a process of resolving them.
The Whistleblower Protection Improvement Act of 2021
The Whistleblower Protection Improvement Act of 2021 is the most recent enhancement to the whistleblower law. This update strengthens the protection of whistleblowers, especially those working for the federal government.
The Whistleblower Protection Act of 1989 and the Whistleblower Protection Enhancement Act of 2012 were the predecessors to the recent law signed in December 2022. The goal is to add vigorous safety measures, create more accessibility to reporting, and improve the process of protection.
Ensure Your Protection as a Whistleblower By Knowing and Defending Your Rights
Whistleblowing has been and will continue to be a powerful tool for accountability. To maintain an ideal working environment, knowing your rights and how to protect yourself if a conflict arises is essential.
At Bill Nettles, we are here to help you navigate the process and take the crucial steps to shine a light on unsafe working conditions. Contact us today to protect your rights and safety as a whistleblower.
