WPA - Whistleblower Protection Act

The WPA encourages federal employees to report government and agency misconduct and bars federal agencies from retaliating against federal employees, former employees, and job applicants who disclose information that they believe shows a violation of any law or regulation, or reflects gross mismanagement, waste of funds, an abuse of authority, or represents substantial and specific danger to public health or safety.

WPA makes it easier for an employee to show that he/she has been retaliated against by being demoted or discharged for reporting wrongdoing.  The federal agency involved must prove that it would have taken the same action if the employee had not blown the whistle.  Whistleblowers may be reinstated with full back pay and benefits, in addition to attorney fees and other legal costs. 

Coverage

The Act specifically covers federal employees.  Although it does not directly cover employees in private industries, it does apply to a private company that commits unlawful acts or engages in prohibited personnel practices while under a contract with a government agency.  This means that private employees working on government contracts are protected under the WPA if they blow the whistle on their employers.

Key Definitions

Whistleblowing is the reporting in good faith by employees of activities they reasonably believe to be a violation of state or federal law, or conditions or practices that would put their health or safety at risk, or situations involving company conduct that raises ethical or legal concerns.

According to the EEOC, it is against the law to retaliate against a person because he/she has opposed that which he/she reasonably and in good faith believes to be unlawful discrimination, sexual harassment in employment or higher education, or because he/she had made a charge, filed a complaint, testified, or participated in an investigation, proceeding, or hearing.  Possible forms of retaliation include firing, suspension, demotion, salary decreases, and job harassment.

Courts usually look for four elements to prove a case of retaliation by an employer:

• employee was engaged in a protected activity;
  
  
• employer knew of this activity;
  
  
• employer took adverse action against the employee; and
  
  
• there was a connection between the protected activity and the retaliation.

Internal reporting channels are the confidential means by which employees can go outside their normal chain of command to report wrongdoing to an independent, highly placed company official without placing their careers at risk.

Intentional infliction of emotional distress occurs when an employer harasses a whistleblower, demands illegal or improper conduct, or acts in some other outrageous manner.

 

 

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