Whistleblower Protection Blog : Whistleblower Lawyer & Attorney : National Whistleblower Legal Defense and Education Fund : Whistleblower Protection, Fraud Claims : Washington DC

This morning, the Supreme Court issued a long awaited decision in Gross v. FBL Financial Services Inc. 557 U.S. ____ (2009). The 5-4 decision refuses to extend the "contributing factor" test to age discrimination claims.  The majority opinion, by Justice Thomas, sends a strong message to Congress about its duty to be specific in revising laws. This is a message that bears on Congress' current deliberations on whistleblower laws.

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Bunny Greenhouse and her attorney, Michael D. Kohn, will be interviewed by television anchor Beverly Kirk on Federal News Tonight on News Channel 8 tonight at 7:30 pm EST.  We are happy that Federal News Tonight has taken an interest in Ms. Greenhouse's story and the need for stronger whistleblower protection.  Please click here to view a LIVE feed of the interview beginning at 7:30.  We will post a video of the interview tomorrow.

You can help Ms. Greenhouse in her fight for stronger whistleblower protection by contacting Congress and President Obama.

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Securities & Exchange Commission (SEC) chairwoman Mary Schapiro speaking at the Society of American Business Writers and Editors’ conference on Monday announced that the SEC will ask Congress for “whistleblower authority” similar to that used by the IRS in investigating tax fraud.  Three independent studies have found that whistleblowers are the most effective way to detect and deter fraud.  It is about time that the SEC recognize the contributions of whistleblowers and help protect them.

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Today, the Public Employees for Envirnonmental Responsibility (PEER) released a study and ranking of state whistleblower laws.  PEER found that more than 20 states have broadened their whistleblower laws since 2006.  Please click here to read the highlights of the study.

If you are looking for more information on state whistleblower laws please visit the new interactive map of the U.S. on the National Whistleblowers Center website.  The map shows the qui tam laws, whistleblower statutes, and common law remedies for each state.

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The Madison Wisconsin Capitol Times has this story today about Tom Nanstead, an electric company whistleblower who was terminated in 2005 after reporting that his employer routinely overbilled its customers for their utilities. Now, four years later, it has been determined by the Wisconsin Public Service Commission, that Xcel energy did indeed overbill their customers, but Mr. Nanstead has found no legal recourse that can return him to work or provide him with compensation. This well-written story highlights the need for a national whistleblower protection  law, and especially the trouble faced by private-sector whistleblowers.

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On Sunday April 5th, the Washington Post reported that Steven Napper and Robert Ranghelli blew the whistle on the unethical and unsanitary conditions at the National Funeral Home.  Napper and Ranghelli reported that bodies destined for burial at Arlington National Cemetery were left, sometimes for months, on unrefrigerated racks because coolers were full and the company did not want to spend money on additional coolers.  They stated that the facility stored as many as 200 bodies in unrefrigerated areas, including the garage, and that the bodies, sometimes fully exposed, leaked fluids on the floor.  Families of the deceased are calling for an investigation into the funeral home’s actions.  A letter from the parent company, Service Corporation International, denies all allegations and insists that their facilities are run according to regulations.

While the allegations are still pending further investigation, the reports from the whistleblowers highlight how courageous employees can expose potentially illegal and unethical conduct.  Please read the articles and watch the videos linked below for more information on the case.  

“Family Asks Fairfax Prosecutor to Investigate Funeral Home” Washington Post, April 7, 2009 (PDF Copy)

“'I Never Could Have Imagined': Dignity Was Denied the Dead as Bodies Were Stored and Handled Using 'Disturbing' Methods, Area Funeral Home Workers Say” Washington Post, April 5, 2009 (PDF Copy)

“Va funeral home accused of atrocious conditions” Washington Post, April 5, 2009 (PDF Copy)

 

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Child Abuse Whistleblower Arrested in Jersey (British Dependency)

This morning Jersey Senator Stuart Syvret was arrested for alleged violations of data protection law.  In 2007, Senator Syvret was removed as Minister for Health and Social Services after claiming child abuse cases were being covered up.  Chief Minister, Frank Walker, accused Senator Syvret of damaging Jersey’s reputation by publicly calling for an independent inquiry and for court cases to be held on the UK mainland.  Now Senator Syvret has been arrested.  It is still amazing what some people will do to silence a whistleblower.

"Child abuse whistle-blower arrested” Rye & Battle Observer April 6, 2009 (PDF Copy)

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Author and activist Randy Shaw today spoke in remembrance of Cesar Chavez, founder of the United Farm Workers (UFW). He spoke to members of Local 12 of the American Federation of Government Employees (AFGE). Randy recalled the sense of mission Chavez instilled as he recruited new activists. With his focus on the plight of immigrant farm workers, and the power of non-violent forms of protest, Chavez overcame the power of agribusiness and politicians.  He sent organizers throughout the continent (without such luxuries as wages or expense accounts) who persuaded grocery stores to stop carrying non-union grapes, and blocked anti-immigrant and anti-labor state legislation.  His book recounts the early days of UFW organizing, and relates it to modern movements for immigrant rights, pesticide regulation, and the election of a new president.  It is Beyond the Fields: Cesar Chavez, the UFW and the Struggle for Justice in the 21st Century.  

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During the Presidential campaign, the staff at the National Whistleblowers Center worked hard to put the candidates on record with regard to their views on whistleblower protections. This survey response, from then candidate Obama indicated an unequivocal support for strong whistleblower laws. As we reported soon after the elections, the American people fully expect President Obama to keep that promise, by  supporting legislation to strengthen employees' free speech rights and appointing whistleblower supporters to key positions.

It is for this reason that I found this post on the FedBlog (run by GovExec.com) to be so interesting. FedBlog is reporting that: 

 

Apparently, Danielle Gray, the staffer who filled out [the National Whistleblowers Center] questionnaire for President Obama in which he expressed strong support for whistleblower protections, is now an associate counsel to Obama. It's not clear that she'll be working specifically on whistleblower issues in her new position, but it might affect how people read Obama's signing statement on whistleblower issues in the omnibus spending bill.

One can only speculate on the effect this will have on the administration's view of whistleblower rights, but it certainly seems like a good thing.

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Keynote presenters at the National Whistleblower Assembly include Dr. Jeffrey Wigand, Dr. Janet Chandler,  Stephen M. Kohn, Robert MacLean, Bogdan Dzakovic and Coleen Rowley.  Thank you for posing for this group photo.

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