Whistleblower Laws For Private Sector Workers Grossly Inadequate
Today’s federal whistleblower protection laws are far too weak for many private sector workers, making it extremely difficult for them to expose wrongdoing because they rightly fear they can and will be retaliated against.
Of concern are whistleblower protections allotted to workers under 29 U.S.C. §660, Section 11(c) (1970) (hereafter 11(c)), one of 22 statutory and common law provisions aimed at safeguarding private sector whistleblowers that the Occupational Safety and Health Administration (OSHA) is charged with enforcing. Section 11(c) is intended to protect workers who have disclosed waste, fraud or abuse, but the protections are grossly inadequate.
Section 11(c) was designed to provide protections to nearly every employee in the private sector but falls short because workers are not allotted sufficient time to file a retaliation complaint. Additionally, workers are not granted due process rights or remedies such as attorneys fees and compensatory damages under the existing law. Several other private-sector whistleblower statues – including the Federal Railroad Safety Act (1970) and the Pipeline Safety Improvement Act (2002) – allow for worker anti-retaliatory protections up to 180 days from the date of the incident being reported. But under 11(c), workers are protected from retaliation only up to 30 days from the incident.