White Paper on the Law of Whistleblowing

Abstract

Whistleblowers play an important role in fighting corruption, in protecting the public and the environment from harm, and in providing accountability for the violation of legal norms. When an individual blows the whistle on alleged wrongdoing, she may suffer severe financial consequences. The law recognizes the social good that can come from whistleblowing by providing some protection for them and encouraging such conduct in a variety of ways. This paper provides a definition of whistleblowing, describes five distinct ways that the law encourages it, and identifies some of the key legal concepts found in the law of whistleblowing, including the tension between whistleblowing and other legal norms.

Keywords: Checks and Balances, Legislation, Secrecy, Oversight, Public Law, Ethics, Privacy, Employment, Whistleblowers, Whistleblowing, Retaliation, Federal Government Employment, Corporate Governance