A 2013 U.S. government survey, conducted by the Office of Personnel Management, reported that nearly 20 percent of federal employees fear retaliation for reporting agency wrongdoing. A 2010 survey from the Merit Systems Protection Board showed that nearly 30 percent of workers feared reprisals. This was more recently followed by charges that 37 Veterans Affairs employees, who blew the whistle on serious mistreatment of injured veterans by the agency, were being threatened or had experienced retaliation. The Office of Special Counsel, which protects federal whistleblowers against reprisals, is investigating alleged retaliation against the affected VA workers, though not all of it apparently related to the agency’s scheduling scandal.
President Obama appears to support protecting the rights of whistleblowers. Firstly, there was the recent passage of the Whistleblower Protection Enhancement Act, which Obama supported. Next was his directive providing protection for national security whistleblowers. However, the President has also shown a willingness to allow the Justice Department to prosecute whistleblowers on somewhat tenuous grounds.
In Canada, at the federal level, there is no comprehensive whistleblower protection legislation or processes similar to those found in the U.S. The only mention of such protection exists within specific laws, such as those covering the environment or occupational safety and health. Even this protection is somewhat limited, and most agencies are still free to retaliate against whistleblower employees without any sanction. Government whistleblowers are then left with no option but litigation through the courts, which can be both an expensive and lengthy process. For this reason, Canadian whistleblowers are even more fearful of agency retaliation, including firings, demotions and continuous on-the-job harassment.
On the one hand, where fiscal or monetary abuses are uncovered, whistleblowers are most likely going to be rewarded. After all, uncovering funding misallocations can save the government money and possibly lead to individual criminal charges — making for good news stories. On the other hand, whistleblowers who openly reveal policies or government practices that are contrary to the public good will open themselves up to agency retaliation. Such revelations enter the realm of politics, senior mismanagement and the blatant misuse of policies and practices. God help those who uncover anything that may have implications for “national security”! In such cases, the first thing one experiences is the stripping of one’s security clearance, whithout which future government employment is virtually impossible in most agencies. Rightfully or wrongfully, there are more ways that governments can punish their whistleblowers than reward them. No wonder a good number of public sector whistleblowers are so fearful of retaliation in both countries.
FROLITICKS 