What is a Whistleblower?

A whistleblower is any current or past employee or member of any organization, business, or government agency who reports misconduct or illegal deeds. These reports are made to persons or entities that have the power and presumed willingness to take corrective action. Generally the reported misconduct falls into one of the following categories:

1. It is a violation of a law.
2. It breaks a rule or regulation.
3. It poses a direct threat to public interest due to activities such as fraud, environmental or health/safety violations, or clear evidence of corruption.

Most whistleblowing cases are based on relatively minor misconduct.

Internal whistleblowers report misconduct to another employee or superior within their company, agency, or organization. The most common type of whistleblowers are internal.

External whistleblowers report misconduct to outside persons or entities. In some cases, depending on the severity and nature of the perceived offense, a whistleblower may report the misconduct to lawyers, the media, law enforcement, watchdog agencies, or other governmental agencies.

Under U.S. federal law, many courts have not made a distinction between “internal” and “external” whistleblowing. Where reporting concerns environmental issues, the federal courts have held that protecting internal whistleblowing is, and should be, considered to be a matter of wise public policy. This is because whistleblower statutes are intended to encourage the free flow of information and to prevent violations. Some court decisions on internal whistleblowing have determined that it promotes problem resolution at the earliest possible stage. Discouraging internal reporting can have negative consequences for companies, individuals, and the public in general.

Whistleblowing by Federal Government Employees

Under most U.S. federal whistleblower statutes, in order to be considered a whistleblower, the federal employee must reasonably believe his or her employer has committed a violation of some law, rule, or regulation. In addition, the employee must testify or commence a legal proceeding concerning the legally-protected matter.

Another method of becoming a whistleblower is simply refusing to personally violate the law, rule, or regulation in question.

Whistleblowing can be considered treason if, for any reason, the information being released is specifically protected by law, or is a compromise to national defense. In the United States, as of March 2008, there are no cases in which a whistleblower has been tried for treason, and it is not treasonous to blow the whistle on illegal conduct by government officials. A whistleblower may also report activities that are treasonous. However, the fact is, a whistleblower dealing with a matter of national security, who also claims they have suffered retaliation, likely will see their lawsuit stifled or denied because to allow litigation would compromise national security.

Whistleblowing by Quality Control or Auditor Personnel

Employees of any organization whose job includes internal auditing or quality control may not be considered whistleblowers, as they are primarily just doing their job. If, however, their reports are submitted in the due process of their position and those reports of offenses are ignored by their employers, the reporting may be considered whistleblowing. Where such reports involve environmental or public safety issues, the reporting may be considered a valuable public service because it can prevent more serious problems in the future. U.S. courts have uniformly held that persons who hold quality control or auditor positions are protected from retaliation for violating privacy law or regulations.

Origins of the term “Whistleblower”

The term whistleblower derives from the practice of English bobbies (police officers), who would blow their whistles when they witnessed a crime being committed. The blowing of the whistle would alert both law enforcement officers and the general public of danger.