How to Provide Whistleblower Protection

A whistleblower is an employee who reports misconduct or illegal activity of other workers directly to management. From safety violations to fraud, a whistleblower is not in it to spy on coworkers or to invade their privacy, but rather to ensure corrective action is taken to better the working environment. Whistleblowers can also report their own companies to the authorities or government organizations.

Instructions

Difficulty: Moderately Easy

Provide Whistleblower Protection

1. Provide privacy protection to the whistleblower. The best protection consists in keeping the identity (along with any details that can identify the whistleblower to other employees) secret by not divulging specific information regarding how the problem was identified and reported. Even if filing a report is needed, you may be able to do so by using an alias or an identifying codename to replace the real one.
2. Keep up to date in legislation and changes. Since 2002, whistleblowers are protected legally by a series of laws, including the Sarbanes-Oxley Act, which allows certain corporations or individuals to oversee and audit other companies to ensure safe and legal performing.
3. Offer protection by allowing people to file complaints without revealing their identity. This can be done through different methods, such as anonymous tipping, writing of reports or complaint filing. Rather than forcing somebody to come face-to-face with an accusation, giving them the choice to report violations this way will probably encourage more openness and feelings of safety.
4. Make sure you understand and provide anti-retaliation regulations related to whistleblowing. This means that if an employer reports your own company to authorities, you are not allowed to take action against him while the complaint is under investigation. This includes firing the person or reducing pay or working hours.
5. Check the Occupational Safety and Health Act and The Whistleblower Program website created by the U.S. Department of Labor (see Resources below). The Whistleblower Program helps employers decide what to do when encountering a whistleblower, including how to offer protection, and what is allowed and what isn't.

Tips & Warnings

• It's possible for a whistleblower to report her own company to federal agencies if she believes the company is engaged in activities that can have damaging consequences to the general public or other employees. In those cases, the protection offered to the whistleblower will come directly from federal laws rather than the company she works for.