Now more than ever, whistleblowers play a vital role in helping society sort out the turbulence of the past few years.
They’ve alleged lax security at Twitter. They’re helping the U.S. government ferret out the multibillion-dollar fraud on pandemic relief funds. They’ve offered explosive testimony for the Jan. 6 panel. And that’s just for starters. Keller Grover comes alongside whistleblowers, addressing fraud related to Medicare, COVID-19 and more.
While many of these whistleblowers have been praised for their bravery, they need much more. Whistleblower programs have proven invaluable in uncovering wrongdoing, but adequate protections and financial rewards must be an integral piece of the puzzle for them to succeed. The government’s most successful whistleblower programs have elements of this, typically offering mandatory rewards of 10 percent to 30 percent of recovered funds. But given the surge in fraud, legislation to protect all whistleblowers sends an important message.
While there are multiple legislative whistleblower initiatives in various phases — addressing pandemic fraud, FTC whistleblowers, SEC and public company whistleblower initiatives, improvements to the Dodd-Frank Act, and various other topics — a bill that just passed the House to protect government employee whistleblowers holds a lot of promise.
On Sept. 15, the U.S. House of Representatives passed the Whistleblower Protection Improvement Act of 2021, HR 2988. Now, the bill’s fate lies in the hands of the U.S. Senate.
“When Americans alert the nation to waste, fraud, and abuse by the federal government, they take immense personal, professional, and emotional risks,” U.S. Rep. Nancy Mace said in a written statement. “The passage of the bipartisan Whistleblower Protection Improvement Act will help ensure these brave citizens who help root out corruption are protected from possible intimidation and retaliation.”
Among the expanded protections in the bill:
- Clarifying that federal officials can’t interfere with a federal employee’s ability to share information with Congress.
- Limiting public disclosure of whistleblowers’ identities.
- Preventing agencies from launching retaliatory investigations against whistleblowers.
- Prohibiting retaliation against employees who tell supervisors about law violations, gross mismanagement or waste, abuse of authority, or specific and substantial dangers to public health or safety.
- Clarifying that successful whistleblowers should recover attorney fees and relief to make them whole, including any applicable promotions or other perks in the workplace.
- Ensuring access to jury trials to seek justice if administrative rulings drag out.
- Offering the potential for temporary relief during ongoing whistleblower actions.
The bill, which builds upon whistleblower protections passed in 1989 and 2012, has support from more than 100 organizations plus some bipartisan backing, despite the polarized political climate. We hope the Senate will act quickly. Legislation to protect any whistleblower protects all whistleblowers.
Keller Grover believes whistleblowers are vital players in meaningful, positive change, and we provide confidential, free consultations to advise those who have observed suspected wrongdoing. We can advise you about the best path forward from the very beginning, helping you minimize the impact of reporting, protect your rights and achieve the best possible outcome for your situation. Our deep experience litigating both fraud and employment law makes us uniquely skilled to represent whistleblowers.