Legal protection for whistleblowers varies from country to country. In the United Kingdom, the Public Interest Disclosure Act of 1998 provides a framework of legal protection for individuals who disclose information that might expose malpractice and matters of similar concern. The intent of the Act is to protect whistleblowers from victimization and dismissal.
Legal protection in the U.S. varies according to the subject matter of the report. There are a wide variety of federal and state laws that are intended to protect employees who call attention to violations or refuse to obey unlawful directions. Many of these protections also cover help with enforcement proceedings. State’s jurisdiction often has an effect on legal protections. In passing the 2002 Sarbanes-Oxley Act, the Senate Judiciary Committee found that whistleblower protections were dependent on the “patchwork and vagaries” of varying state statutes. (Congressional Record p. S7412; S. Rep. No. 107-146, 107th Cong., 2d Session 19 (2002).)
Lloyd-LaFollette Act of 1912
The first U.S. law adopted specifically to protect whistleblowers was the Lloyd-LaFollette Act of 1912. Sponsored by Wisconsin Senator Robert LaFollette, the act guaranteed the right of federal employees to furnish information to the United States Congress. The Lloyd-LaFollette Act also protected the right of federal employees to join unions, further protecting them from backlash due to acts of whistleblowing.
Clean Water Act of 1972
There are seven major federal environmental laws that have special provisions protecting employee whistleblowers. The first is the Water Pollution Control Act of 1972, commonly referred to as the Clean Water Act. The goal of the Clean Water Act was to universally reduce water pollution by cutting down on the release of toxic chemicals into ground water. In the interest of decreasing pollution, the law incorporated protections for individuals who report violations of the law, which in effect made it a whistleblower protection act.
Other Environmental Whistleblower Protection Acts
After the passage of the Clean Water Act, additional environmental protection laws were passed which included protection for whistleblowers.
- Safe Drinking Water Act (1974)
- Resource Conservation and Recovery Act ( Solid Waste Disposal Act) (1976)
- Toxic Substances Control Act (1976)
- Energy Reorganization Act of 1974 & 1978 amended for nuclear reports
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or the Superfund Law) (1980), Clean Air Act (1990)
Each of these laws provides protection for almost any private sector or federal employee. The laws protect any employee who believes him/herself to have been discriminated against in retaliation for whistleblowing, particularly if the whistleblowing involves a safety problem or environmental violation.
OSHA-Enforced Acts Regarding Whistleblowers
In addition to environmentally-related concerns, workers sometimes report employers’ violations in the area of safety. The Occupational Safety and Health Administration (”OSHA”) has passed several acts concerning worker safety which include protection for whistleblowers:
- Surface Transportation Assistance Act (1982) to protect truck drivers
- Pipeline Safety Improvement Act (PSIA) of 2002
- Wendell H. Ford Aviation Investment and Reform Act (”AIR 21″)
- Sarbanes-Oxley Act, enacted on July 30, 2002 (for corporate fraud reports)
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