DC Firefighters Take A Stand Against Retaliation

On February 19th DC fire investigators Greg Bowyer and Gerald Pennington filed a whistleblower retaliation lawsuit against the DC Fire and Emergency Medical Services ("DCFEMS") and Fire Chief Dennis Rubin in the U.S. District Court for the District of Columbia.  The suit alleges that they were retaliated against for reporting the Department's mishandling of fire investigations.  You can read a press release on the lawsuit  here.

We support the couragous actions of Mr. Bowyer and Mr. Pennington who did the right thing by refusing to cover up investigations. Join us in applauding these heroes and check back here for more information on this case!

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Congress Protects Some Whistleblowers, Leaves Others Out

On Wednesday, behind closed doors on Capitol Hill, House and Senate leaders hammered out a deal to pass the economic stimulus bill. Both the original House and Senate versions of this bill included protections for employee whistleblowers. By Wednesday evening, news sources such as Talking Points Memo were reporting that the whistleblower provisions in the bill had been cut.
 

Well, we got our hands on the final text of the bill, and it turns out that whistleblower protections for state, local, and government contractor employees have made the final bill! Unfortunately, the proposed protections for federal employees have been eliminated completely.


This is a partial victory, but a victory nonetheless. Now we must continue to fight for the rights of federal employees. Stephen and Michael Kohn, the President and General Counsel of the National Whistleblowers Center, released the following press statement this morning: 

 

"Private contractors and state and local government employees are covered. They have a right to file a claim and present their case to an independent court and jury. It is now up to Congress to finish the job, and ensure that federal employees have the same rights. It makes no sense to protect some workers who have responsiblity over the stimulus, but to deny protections to the federal regulators who will have the primary duty to police the spending and ensure that there is no political favoritism in the allocation of billions of dollars in taxpayer monies," said Stephen Kohn, the President of the National Whistleblower Center.

"Congress has started to listen," said Michael Kohn, General Counsel of the National Whistleblower Center and attorney for Bunny Greenhouse. "We need to redouble our efforts and obtain universal whistleblower protection coverage for all American workers, including federal government employees," Michael Kohn added. Earlier this week Greenhouse had asked that both the McCakill Amendment and the Platts-Van Hollen Amemdnets be enacted into law. The Senate approved the McCaskill amendents, but cut out the protections for federal employees.


"Senator Clare McCaskill did an incredible job getting these changes into the stimulus. It was a tough and fast paced environment and she was able to ensure strong oversight provisions for some of the workers involved in spending taxpayer monies. She worked in an open an bi-partisan manner and obtained the support from other key Senators, including Independent Senator Liberman and Republican Senator Collins. We hope that the reforms included in the stimulus package will be made permament, will apply to the use of all taxpayer monies and will cover federal workers."

Employee Rights Advocacy Institute receives grant for opinion research

The Employee Rights Advocacy Institute For Law & Policy (The Institute), has received a grant from The Public Welfare Foundation for a research project on public opinions about issues affecting America's workers.

The "Project to Assess Public Support for Stronger Enforcement of Workplace Protections" will examine existing attitudes about government oversight and private enforcement, particularly the issue of ensuring meaningful protections in the workplace.  While we know that public opinion is shifting, we do not know the extent of the shift, and whether it extends beyond specific failed industries to laws regulating workplace conditions and to private attorneys' role in enforcement of those laws.  The project will assess public attitudes and communications strategies about strong workplace protections.

The Institute is the public interest organization affiliated with the National Employment Lawyers Association (NELA)

 

 

Whistleblowers Sought for Survey

David Welch, known for being the first Sarbanes-Oxley (SOX) whistleblower to have a hearing before the U.S. Department of Labor, is conducting a survey of all whistleblowers.  He will use his survey as part of his dissertation. 

His doctoral dissertation compares the effectiveness of the various federal whistleblower laws. "Your input is valuable because no one can understand what a whistleblower has experienced like another whistleblower," Welch says.

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In Other Whistleblower News...3 More Important Stories

If you haven't noticed, we have been really focused on passing stronger whistleblower laws in the economic stimulus bill. We had a major success when the bill passed the House of Representatives, and now we are moving on to the Senate. Although this legislation is the major whistleblower story this week, there are a few other stories on our radar, and I just wanted to share them with our readers.


First, and easily the second biggest whistleblower-related news story of the week, is the testimony of Harry Markopoulos, a financial analyst who tried to blow the whistle on Bernie Madoff's $50 billion fraudulent Ponzi scheme for over a decade. Markopoulos offered stunning testimony before the House Financial Services Committee this week, condemning the SEC for ignoring his reports and mismanaging the investigation. Markopoulos told lawmakers that he "gave them [the SEC] a road map and a flashlight to find the fraud, and they didn't go where I told them to go.”

Here are some articles detailing his testimony:

CBS NEWS: "Madoff Whistleblower is Finally Heard"
CNN MONEY: "Madoff Whistleblower Blasts SEC"
TIME: "A Madoff Whistleblower Tells His Story"


Now for some good news. Along with the legislative progress being made at the national level, two states are considering statutes to create and/or strengthen whistleblower protections.  This Minnesota Star-Tribune opinion piece explains the how Minnesota (and all states) can benefit from a False Claims Act. Minnesota's legislature is considering enacting an FCA modeled on the federal law.


North Dakota is also considering strengthening its whistleblower laws after recent retaliation against state employees revealed that the laws are inadequate.


Our last bit of news comes from Texas, where Marilou Morrison, a former employee of the Texas Commission on Human Rights was awarded a jury verdict of nearly $1 million after suffering retaliation for blowing the whistle on racial discrimination in the agency's hiring practices. The kicker is this: the Texas Commission on Human Rights is the agency that is supposed to enforce laws against discrimination. Ms. Morrison's attorney Gary Bledsoe summed it up nicely by saying, "The agency that is supposed to enforce civil rights is being hit with basically a million dollar judgment for violating the very statutes they are required to enforce."


Ok, now that you are up to date on whistleblower news from around the country, keep checking back for more information on the federal employee whistleblower legislation!

Other DC Newspapers Get It....

In the battle for the support of DC's newspapers, whistleblowers are winning 2-1. As we reported yesterday, the Washington Post has come out against the comprehensive whistleblower protection provisions included in the economic stimulus package passed by the House of Representatives last week. The Post went so far as to say that the provisions should be pulled from the bill, and that protecting national security whistleblowers is "just plain wrong." (click here for a rebuttal to the Post editorial) Although this is disappointing, there are at least a couple of newspapers around town who got it right.


Today, the Washington Times endorsed the whistleblower provisions, highlighting a number of important and heroic whistleblowers in the article. Check it out here.  Earlier this week, the Washington Independent also carried a lengthy article highlighting the proposed whistleblower laws, and even pointing out that there should probably be MORE protections included in the bill. 

Washington Post Was Dead Wrong

Yesterday, as some of you may know, the Washington Post ran an ill-informed editorial criticizing House Congressional leaders for their inclusion of a government employee whistleblower rights provision in the economic stimulus bill that they passed the House of Representatives last week. (see response to the editorial) The Washington Post says that including whistleblower provisions in the legislation was "disengenous," and that whistleblower protection for national security employees is "just plain wrong;" however, it's the Washington Post that is wrong on this issue.


We are very close to a major victory for employee whistleblowers, and we cannot give in. There are many so called leaders in this country who would rather honest employees keep their mouths shut, bury their heads in the sand, and ignore unethical and illegal actions in the workplace. We have seen that they are determined to fight our efforts to protect these brave individuals - But this time we will not be defeated. Right now our country needs whistleblowers more than ever. The will of the American people, and hopefully the will of the Obama administration is on our side.  


Whistleblower support and advocacy groups have put together a point-by-point response to the editorial, which you can view here.

 

 

Howard Zinn speaks at Busboys and Poets

Howard Zinn, a board member of the National Whistleblowers Center and the famed historian and author of A People's History of the United States, spoke tonight at Busboys and Poets in Washington, DC. I was in a crowd of over a hundred who arrived too late to get inside.  We huddled together like penguins to hear Howard's remarks.  "They are politicians," he said, "we are citizens, and we must remember that our role is different than theirs:  We are dreamers."

Howard Zinn at Busboys and Poets