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What kinds of laws are in place to protect Whistle Blowers?

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As mentioned previously, the Sarbanes-Oxley Act of 2002, which is enforced by the Department of Labor, protects employees of publicly traded corporations from retaliation for reporting alleged wrongdoings of any rule or regulation of the Securities and Exchange Commission, or any provision of federal law relating to fraud against shareholders. The act criminalizes employer retaliation, as well as requires publicly traded corporations to create procedures for internal whistle blowing.

Prior to the Sarbanes-Oxley Act, federal employees, workers in certain areas of the private sector, employees who reveal certain public safety, civil rights, and Title VII violations, and individuals reporting certain violations of the civil False Claims Act were protected from whistle blower retaliation. After passing the Sarbanes-Oxley Act, the protections opened up to a whole host of other workers. The act protects certain workers from disclosing or assisting in an investigation regarding conduct the employee reasonably believes is a violation of federal mail fraud, wire fraud, bank fraud, securities fraud, or any SEC rule or provision of federal law the relates to fraud against shareholders. These protections, however, apply only to certain workers and companies.

States are allowed to create their own whistle blower laws in addition to Federal laws, which mandate only the minimums to which all states must adhere.

Other protections against whistle blowers include The Whistleblower Protection Act, which serves whistle blowers who work for the Federal government, and is enforced by the U.S. Office of Special Counsel. The Military Whistleblower Protection Act protects whistle blowers in the U.S. military, and is enforced by the Department of Defense Inspector General.

OSHA, the Occupational Safety & Health Administration, also enforces a set of whistle blower laws. These laws state that an employee may file a complaint with OSHA if the employer discriminates against you because you are involved in legally protected safety and health activities, or because you report environmental concerns, potential securities fraud, or violations of the Department of Transportation, Federal Aviation Administration, or Nuclear Regulatory Commission rules and regulations.

Next Page: What questions should I ask myself before blowing the whistle?

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