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University of Florida Journal of Law & Public Policy

Abstract

For practical, ethical, and legal reasons, a host of laws encourage persons to step forward when they have knowledge of some type of wrongdoing. Types of violations include a violation of a company's policy, a violation of law, a threat, fraud, or corruption. Exposing the wrongdoing benefits society, the private sector, or the public sector, depending on the situation. These "whistleblowers," as they have come to be known, often suffer some form of retaliation. Employees may be subjected to various forms of retribution by those attempting to avoid responsibility for their wrongdoing. These employees may be ostracized, demoted, assigned less prestigious duties, or terminated from their employment. If whistleblowers suffer retaliation, the positive outcomes from whistleblowing are lost because it creates a disincentive for others to come forward when they observe wrongdoing.

Viewing the encouragement of whistleblowing as a positive, numerous laws have been passed to protect whistleblowers. While there are many states with whistleblower protection laws, this Article will only review federal legislation. Part I of this Article discusses the practical, ethical, and legal reasons for laws protecting whistleblowers. Part II examines the various federal whistleblower statutes that apply generally and protect employees of various organizations. This includes whistleblower protection in laws such as Dodd-Frank and Sarbanes-Oxley, which protect whistleblowers working in the private sector. Part III will focus on federal protection for employees of the federal government. Part IV reviews federal laws protecting employees of federal contractors. Part V analyzes the possible application of the newest whistleblower protection law, 41 U.S.C. § 4712, "Pilot Program for Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information," which became effective January 2, 2013 and covers federal contracts that go into effect on or after July 1, 2013. There are no reported cases interpreting § 4712 as of this writing.

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