Overview of the Whistleblower Protection Act
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We are making a glossary of Acts for our employees but do not have any information on the Whistleblower Protection Act. Can you give us an overview?
Sure. The Whistleblower Protection Act (WPA) is a federal Act that is in place in order to encourage employees to report misconduct on the part of government and federal agencies. The Act also makes it illegal for federal agencies to retaliate against those federal employees, former employees, and job candidates that have reported or disclosed information about a company that those employees believe has been in violation of any law or regulation. Employees are also protected from disclosing information or reporting an organization that wastes funds, is grossly mismanaged, allows for an abuse of authority or that is a threat to public health or safety.
While the WPA does not apply directly to large organization or companies, it does apply to federal agencies, government agencies, and employers that have contracts with the federal government.
In terms of the definition of the term whistleblowing for your glossary, whistleblowing is known as the act of reporting, in good faith, by employees any activities that those employees believe are in violation of a state or federal law. The reports could also pertain to conditions or practices within a company that might put employee health or public health at risk or those reports could involve activities that could raise ethical concerns or legal concerns. An example of an ethical or legal concern might be if an employer knows that an employer is using lead-based paint on a product that it then sells to consumers without warning.
It is unlawful to retaliate, discriminate against, or punish an employee if the employee believes that a charge that she or he filed against a company, testified about, or complained about is valid. The Equal Employment Opportunity Commission (EEOC) also protects employees that have filed such complaints, testified against an employer or participated in an investigation against an employer. According to the EEOC, employers are not allowed to punish the employee by firing, suspending, demoting, or harassing the participating employee.
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