Whistleblower News This Week -- 4/29/08

Some interesting whistleblower stories have been cropping up around the country over the past week or so:

1. Four years after blowing the whistle, FAA air-traffic controller Anne Whiteman's allegations are finally being addressed, and hopefully she is feeling some measure of vindication. Ms. Whiteman disclosed that the FAA had systematically covered up errors by other air-traffic controllers by classifying the incidents as "pilot error."  This meant that potentially life-threatening incidents were not being acted upon, but rather, they were swept under the rug. The FAA, now finding itself under the microscope after two whistleblowers testified before a House committee earlier this month, has been forced to take action on this issue.


2. In another story of whistleblowing in the aviation industry, the Department of Labor has announced that the Scottsdale, AZ, based West Jet Aircraft must pay nearly $100,000 in back pay and compensatory damages to a whistleblower who was fired after he/she (the whistleblower was not identified)  reported the company for, among other things "performing a test flight with passengers on board."


3.) The first-ever whistleblower case under the Sarbanes-Oxley Act of 2002 is still being adjudicated. The Associated Press article, aptly titled "The Whistleblower's Undending Story," tells an all-too familiar tale...
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Whistleblower News This Week -- 4/15/08

Three news stories about whistleblowers have caught my attention this week, and I wanted to share them with everyone.


1.)    Briefs have been filed in a potentially precedent-setting case for one Maryland state whistleblower law. The case, Lark v. Montgomery Hospice, Inc. -- pending before the Court of Appeals of Maryland -- could determine whether Maryland's Healthcare Worker Whistleblower Protection Act should protect whistleblowers who report their claims internally (within their chain of command), or if the law only applies to those employees who report their claims to a regulatory agency. Since we know (both by empirical evidence and just plain common sense) that the vast majority of employees reporting wrongdoing go to their supervisor first, then it only makes sense that strong whistleblower laws should always protect employees who report internally.

The American Nurses Association, a professional organization representing nearly 3 million registered nurses, has filed an amicus brief on behalf of the whistleblower in this case. See the ANA press release here>>




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South Carolina State Troopers Need Whistleblower Protection

A troubling whistleblower story has been developing in South Carolina. The federal authorities and  the South Carolina state senate is investigating systematic retaliation by the SC State Police against their own officers who report illegal activity within the agency. Read about it here>>


Most recently, whistleblowers' disclosures there have led to the release of these shocking videos, showing officers using their vehicles as a weapon to ram fleeing suspects.


As one state senator put it, the SC State police has been run by "good ol' boy politics."


Hopefully the state and federal investigations in South Carolina will root out the wrongdoers and result in the proper reforms, but this instance really shows the need for better state and federal laws to protect whistleblowers. After the devastating 2006 Garcetti v. Ceballos Supreme Court decision, government whistleblowers no longer have the First Amendment to rely on as a shield against retaliation, which leaves them with basically no protection whatsoever.