Study shows benefits of anti-retaliation policies

The Ethics Resource Center has just released a report from its 2009 National Business Ethics Survey. The report, called "Retaliation: The Cost to Your Company and Its Employees," documents how companies that tolerate retaliation suffer increased levels of employee misconduct. The report documents how the employees' mere perception of retaliation is sufficient to deter reporting of misconduct.  It is also an indicator of the level of actual misconduct. The report finds that 15% of employees who report misconduct experience retaliation. The rate is higher for union members (21%) and those in firms of 100 to 500 employees (also 21%, an increase from 14% in 2007). If employees feel "extreme pressure" to compromise standards, then they report retaliation at a rate of 59%.

Of those reporting retaliation, most experienced exclusion from decisions and work activity (62%), a cold shoulder (60%), and verbal abuse by a supervisor or manager (55%). The survey reports that 48% say they almost lost their job, 43% say they lost promotions or raises, 18% were demoted, and 4% experienced physical harm to person or property. The survey included only respondents who are currently employed -- a methodology that might cause underreporting of discharges as a form of retaliation.

The ERC study associated retaliation with the ethical culture of the employer.  Retaliation is much more common in organizations that have a weak ethical culture. If management tolerates retaliation, employee trust levels drop markedly. Employee engagement and commitment to the organization drops from 78% to 38% when employees experience retaliation for reporting misconduct. Among all employees who reported misconduct (including those who experienced retaliation and those who did not), engagement is 66%.

The ERC makes the following recommendations:

  • Examine and, as needed, revise systems of procedural justice to make sure that reports are handled appropriately and that reporters feel heard, respected and protected.
  • If your company has not done so already, develop a non-retaliation policy. Make sure that it is communicated broadly, included in your code and addressed in all-employee and management-level training and enforced when situations arise.
  • Sanitize cases that have been reported and use them as case studies so reporters know that their decision to report made a difference.
  • Be mindful of groups that are more likely to feel retaliated against. Take extra steps to make sure that these employees are safeguarded from punishment for reporting and, just as importantly, that they do not feel vulnerable to retaliation.
  • Train everyone who is likely to receive reports—especially supervisors—to follow-up with reporters in an appropriate manner and to be mindful of how unrelated actions might be misinterpreted by an employee who is feeling uncertain and exposed after deciding to report.
  • Encourage managers at all levels to communicate that retaliation is unacceptable and to back it up with action.

SAI Global sponsored the survey. Ann Wootton, President and General Manager of SAI Global Compliance Americas, told the Examiner, “This report demonstrates just how toxic the fear of retaliation can be in an organization.” She adds, “Companies that make zero tolerance their goal are doing their employees and themselves a big favor. Retaliation brings a lot of baggage with it that can truly damage an enterprise.”

Patricia J. Harned, president of the Ethics Resource Center. told the Examiner, “ERC’s research shows workplace retaliation for what it is – a destructive attitude-killer. The best antidote is a company-wide ethical culture where employees feel that reporting is not only tolerated but welcome. And surveys are the best way to assess what’s on employees’ minds.”

Whistleblower Fired In Montegro For Participation In Round Table

Sandra Obradovic, leader of Trade Union of Aluminum Plant of Podgorica (KAP) in Montenegro, was fired for participating in a round table organized by anti-corruption organization MANS (The Network for Affirmation of NGO Sector).  Ms. Obradovic is a strong advocate of compliance with labor laws and “green regulations” in her job, even though she faced constant pressure from management to stay silent on these issues.

At the round table, Ms. Obradovic spoke about the harassment she was experiencing at the workplace in front of the round table participants, which included members of the Montenegro government and several other reputable EU officials.  Ms. Obradovic timely informed her management that she would be leaving work that day to perform her trade union activities and was cleared to attend. As her discussion was widely publicized in the media, KAP was well aware of her participation as the trade union leader.

Management later fired Ms. Obradovic, claiming that she missed work due to private matters. Management also claimed that she was dishonest when she requested to have that time off. However, it is clear Sandra Obradovic was retaliated against for blowing the whistle on practices in her office, not for one day’s missed work.

Ms. Obradovic’s right to free speech has been violated, and MANS writes that this treatment is becoming the norm, instead of the exception in Montenegro. Now is the time for the government of Montenegro to take a stand for whistleblower rights, by protecting Ms. Obradovic and others like her who choose to come forward with the truth.

*Philip Barrett (NWC Intern) contributed to this post

Government sues vest maker after whistleblower's disclosures

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The U.S. Justice Department announced that it is suing First Choice Armor over its marketing of Zylon-based bullet-proof vests that the company knew would break down in heat or humidity. The suit follows disclosures by Dr. Aaron Westrick, a researcher for another manufacturer, who first opposed the use of Zylon for body protection.  Based on his disclosures, Zylon-based armor is now off the market, and officers lives have been saved.  Dr. Westrick was fired.

 

 The Washington Examiner has reported that the Justice Department has a 2003 email showing that First Choice's founder, Edward Dovner, knew that the vests would fail after exposure to heat and humidity.  The Justice Department is suing Dovner and his wife, Karen Herman, for transferring assets to evade the government's collection efforts.

Bunny Greenhouse To Appear on News Channel 8 Tonight at 7:30

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.

Bunny Greenhouse Retaliated Against After Testifying To Congress

Last week Bunny Greenhouse testified before the House Oversight and Government Reform Committee in support of the Whistleblower Protection Enhancement Act - H.R. 1507.   Although Bunny was removed from her Senior Executive Service position following her initial Congressional testimony about Halliburton no-bid contracts, she courageously returned to Capitol Hill because she believes that "all employees should be protected from retaliation for reporting waste, fraud and abuse."  Incredibly the Army Corps has once again retaliated against Bunny for exposing the truth.  Within hours of delivering her testimony, Bunny received an email from the Army Corps' Chief of Staff stating that all future testimony before Congress must be submitted for pre-approval by the Army Corps. In response to this unconstituional directive, Bunny has issued a new letter to the American people.  In the letter Bunny asks all Americans to take action to protect federal employees by demanding immediate passage of H.R. 1507.

"When the United States orders its employees to submit to censorship when they are exercising their constitutional right to 'petition Congress for redress of grievances,' it is time to fight back!"  

Click here to read Bunny's new letter and take action now.

Click here to read the National Whistleblowers Center's letter to President Obama concerning the retaliation against Bunny Greenhouse

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!