ABSTRACT

Whistleblowing and whistleblowers have become standard features of contemporary administrative life. The Whistleblower Protection Act of 1989 strengthened enforcement by making the Office of the Special Counsel (OSC) independent. At the OSC's initiative, federal officials can be disciplined for violations of the whistleblower protection law. Disclosure by federal employees may be internal and/or external to their organizations. The False Claims Act of 1863, as revised in 1986, is intended to encourage whistleblowing by individuals who have knowledge of fraud or cheating against the government by federal contractors. At least 34 states offer legal protection to some category of whistleblowers. In terms of the substance of whistleblower allegations, all the statutes cover violations of law, but not necessarily every law. Public employees who engage in whistleblowing have also had clear constitutional protection since the US Supreme Court's decision in Pickering v. Board of Education.