A whistleblower (also written as whistle-blower or whistle blower) is 

a person, often an
employee, who reveals information about activity within a private or public
organization that is deemed illegal, immoral, illicit, unsafe or fraudulent.

What is meant by whistleblowing?

Whistleblowing is the term used when a worker passes on information concerning
wrongdoing. In this guidance, we call that “making a disclosure” or “blowing the whistle”.
The wrongdoing will typically (although not necessarily) be something they have witnessed
at work.

What are some examples of whistleblowing?

If an employee report wrongdoing that they believe is in the public interest, it is known as
whistleblowing. Whistleblowing examples can include criminal activity, such as theft or
unethical or unjust behaviour in the workplace, including racist, sexist or homophobic
behaviour.

What are the two types of whistleblowing?

There are two types of whistleblowing. The first type is internal whistleblowing. This
means that the whistleblower reports misconduct to another person within the
organization. The second type is external whistleblowing.

Is whistleblowing a good thing?

A strong culture of whistleblowing helps to identify all manner of potential threats —
including some threats, such as cyber security risks, that might not involve employee
misconduct at all. It minimizes risks and costs. Misconduct that continues for a long time will
ultimately be more expensive to resolve.

What are the pros and cons of whistleblowing?

That's why we suggest every potential whistleblower carefully consider the pros and
cons of whistleblowing in the workplace:
 Pro: Exposing Fraudulent Activity Is the Right Thing to Do. ...
 Con: Your Career Could Suffer. ...
 Pro: Protection from Retaliation Is Available. ...
 Con: Your Relationships May Suffer
Ethical Responsibilities of Whistleblowing

The term whistleblower refers to an individual who shines a public light on illegal or
immoral acts that he witnesses within his own organization. Whistleblowing is
controversial since employees must balance organizational loyalty with the potential
benefits of solving a problem by shoving the organization in the spotlight. Some events,
like blatant sexual harassment or deliberate theft, are easily identified examples of when a
whistleblower should act. However, most instances are less clear cut. Therefore, a would-
be whistleblower needs to understand the ethics of taking his claim public.

Motivations

The first ethical responsibility of a potential whistleblower is to check her motivations to

make sure there is not a conflict of interest. In some cases, whistleblowers can profit
financially or professionally by going public with a claim. The best interest of the public,
not financial gain, attention or revenge, should be at the core of the decision to take more
drastic action. In addition, potential whistleblowers should check that they have exhausted
all possible means of complaint before going public.

Evidence

Having detailed evidence about the claim is another ethical responsibility of

whistleblowing. Hearsay and personal opinions are not enough to toss company loyalty
aside. Another benefit of collecting detailed evidence is that a whistleblower's claim is
more likely to be believed.

Danger Prevention

Before going public, potential whistleblowers need to ask themselves whether or not their
actions prevent serious harm to an individual, such as repeated safety infractions, or to a
group of people, such as fraud. Going public about a boss's irritating but harmless habits is
not ethical whistleblowing.

Personal Compliance

Would-be whistleblowers have an ethical responsibility to make sure they are not guilty of
the same infraction they are reporting. Whistleblowers must be able to report a claim with a
clear conscience. Otherwise, the line between doing the right thing by reporting an
infraction and tattling first to avoid punishment begins to blur.

Solution

Whistleblowers should act on information that could hurt individuals but stand down for
cases of inappropriate but non-detrimental infractions. However, many situations fall in
between these two easily recognizable ends of the spectrum. For cases that are not as clear
cut, whistleblowers have an ethical responsibility to consider whether or not the problem
can be solved by their actions. If the answer is yes, proceed. If the answer is no, the
whistleblower may have to learn to live with the issue and make a stand by getting a new
job.

What are the guidelines for whistleblowing?

Whistleblowing can be made openly or anonymously. The purpose of these Whistleblowing
guidelines is to encourage employees and/or business partners to report matters without
any risk of subsequent victimisation, discrimination or disadvantage, as well as to
ensure an appropriate investigation process.

Whistleblower Protections

Whistleblower Protection Act (WPA)

The Whistleblower Protection Act (WPA) protects Federal employees and applicants for

employment who lawfully disclose information they reasonably believe evidences:

  a violation of law, rule, or regulation;

  gross mismanagement;
  a gross waste of funds;
  an abuse of authority;
  or a substantial and specific danger to public health or safety.  

Under the WPA, certain federal employees may not take or fail to take, or threaten to take or

fail to take; any personnel action against an employee or applicant for employment because

of the employee or applicant’s protected whistleblowing. 

Whistleblower Protection Enhancement Act (WPEA)

In 2012 Congress passed the WPEA into law to strengthen protections for Federal employees

who report fraud, waste, and abuse. The WPEA clarifies the scope of protected disclosures

and establishes that the disclosure does not lose protection because:

 the disclosure was made to someone, including a supervisor, who participated in the
wrongdoing disclosed; 
 the wrongdoing being reported has previously been disclosed; 
 of the employee’s motive for reporting the wrongdoing;
 the disclosure was made while the employee was off duty; 
 the disclosure was made during the employee’s normal course of duty, if the
employee can show that the personnel action was taken in reprisal for the
disclosure; or
 the amount of time which has passed since the occurrence of the events described in
the disclosure.
 The WPEA protects disclosures that an employee reasonably believes are evidence of
censorship related to research, analysis, or technical information that causes, or will
cause, a gross government waste or gross mismanagement, an abuse of authority, a
substantial and specific danger to public health or safety, or any violation of law.  It
expands the penalties imposed for violating whistleblower protections and establishes
the position of Whistleblower Protection Ombudsman. 
Enhancement of Contractor Protection from Reprisal (41 U.S.C. § 4712)

The National Defense Authorization Act of 2013 (NDAA), enacted a pilot program making it

illegal for an employee of a Federal contractor, subcontractor, grantee, or subgrantee to be

discharged, demoted, or otherwise discriminated against for making a protected

whistleblower disclosure. In 2016, Congress amended the program to make those protections

permanent.

Whistleblower Ombudsman

Pursuant to the Whistleblower Protection Enhancement Act of 2012, the CPSC established a

Whistleblower Ombudsman to educate agency employees about prohibitions on retaliation

for whistleblowing, as well as employees' rights and remedies if subjected to retaliation for

making a protected disclosure.

The Ombudsman is prohibited by law from acting as a Whistleblower's representative, agent,

or advocate.

The CPSC Whistleblower Ombudsman can be contacted at DSimpson@cpsc.gov.

Office of Special Counsel

The Office of Special Counsel (OSC) is an independent federal agency that investigates and

prosecutes prohibited personnel practices by federal agencies, including whistleblower

retaliation. 
For more information on WPA and WPEA protections please visit Know Your Rights When

Reporting Wrongs.

Contact Information For Whistleblowers

If you believe you have been subject to retaliation for protected whistleblowing you may

contact either of the following offices:  

The Consumer Product Safety Commission Office of Inspector General:

Telephone: (301) 504-7906 or 866-230-6229

Top 10 Ways To Minimize Whistleblower Risks

Here are the TOP 10 STEPS public and private employers should consider taking to

minimize the risk of whistleblower retaliation claims and build defenses where litigation is

unavoidable. These steps are based on lessons learned through litigating whistleblower cases

to verdict and counselling employers to minimize the risk of litigation. One important theme

underlying these steps is the need to treat good-faith whistle-blowers as assets. 

1. Conduct focus groups & surveys

Develop an understanding of your workforce’s beliefs about whistleblowing and attendant

retaliation risks through focus groups and surveys. Design questions that will expose whether
employees are apt to bypass internal compliance channels (or not complain at all) and why.
Focus groups should be diverse in terms of age, length of service, race, responsibility and
education.

2. Create and widely disseminate whistleblower protection policies with multiple

avenues for reporting

Create and modernize policies on which employees can rely. In addition to codes of conduct,
promulgate simple and straightforward whistle-blower protection policies. Include them in
employee handbooks and make them available through multiple other channels. Ensure that
they provide multiple reporting channels.

3. Conduct whistle-blower-specific training for managers

A substantial volume of whistleblower complaints are made directly to managers, and

managers’ responses tend to vary and create risks. Managers need whistleblower-
specific training on a regular basis to ensure that they respond appropriately to complaints.
4. Break down corporate silos so that HR, legal (employment counsel in particular) and
compliance work together

As highlighted in our recent post on the DOJ/SEC guidance regarding the Foreign Corrupt
Practices Act, whistleblower claims often implicate employment retaliation issues,
performance management, discipline, investigations and critical compliance issues. HR
corporate labor and employment (legal) and compliance functions should work hand-in-glove
to ensure a fully informed, comprehensive approach is taken with respect to all aspects of the
whistleblower response process.

5. Promptly appoint a liaison to the whistle-blower

Many whistleblowers head straight to the government or an attorney when they feel isolated
or ostracized for complaining. Combat this risk by swiftly appointing a corporate
representative to serve as a liaison to the whistleblower.

6. Promptly conduct a thorough investigation, and report back to the extent practicable

Promptitude is critical to a successful investigation, so employers should develop rapid

response systems that require investigations to be conducted shortly after a complaint is
lodged. Whistleblowers should be advised that certain information must remain confidential,
but that the company will provide the results of the investigation to the extent practicable.

7. Oversee the evaluations of whistleblowers who remain employed, with an emphasis

on objective metrics

To ensure whistleblowers are not subject to retribution, an HR professional and/or a

supervisor – ideally, one who is unaware of the whistleblower’s report – should review
whistleblowers’ performance evaluations by using objective metrics to the greatest extent
possible.
8. Reward good-faith whistleblowers

Consider rewarding whistleblowers either monetarily or otherwise for the benefit the
complaint conferred upon the company. A letter of commendation from an executive to the
whistleblower’s personnel file is a good start. So is a bonus, and/or other recognition.

9. Report-out on responses to complaints

Show employees you are committed to protecting whistleblowers and that you take their
complaints seriously. Consider providing generalized (anonymous) examples through an
internal blog, newsletter or intranet posting. Consider describing the general nature of the
complaint, some basics regarding the investigation, the speed with which the matter was
resolved, the benefit the complaint conferred on the company and, if applicable, the benefit
the whistleblower received for reporting.

10. Hold an annual “Ethics & Compliance Day”

Dedicate one day each year to focusing on the need for transparency, accountability and
ethical and lawful conduct. Invite outside speakers with expertise in corporate ethics, deliver
training on the code of conduct, whistleblower protection and anti-retaliation policies, and
hold sessions with employees focused on your core values.