Whistleblowers still remain a target of discriminatory practices. A survey of whistleblowers who contacted the National Whistleblower Center in 2002 demonstrates that retaliation against whistleblowers remains a major problem in the United States. The survey results are as follows:
 
 

*59.5% of whistleblowers were male, and 40.5% were female
 
 

*49.5 % alleged they were terminated after they blew the whistle
 
 

*51% blew the whistle on fraud or criminal practices, while 10% exposed environmental problems, 11.5% complained of discriminatory practices, 8.5% raised concerns in the medical profession and 19% raised health and safety related concerns. 
 
 

The survey was based on a random review of 200 cases which were reported to the NWC in the year 2002. 
 
 

In addition to the survey of employee-complaints, a survey of current federal legal protections finds that employees who expose wrongdoing in many areas of public concern lack protection. Among the areas in which no whistleblower protections exist are: food safety, patient abuse and Homeland Security. 
 
 

Based on these findings, the National Whistleblower Center continues to support the passage of a comprehensive national Whistleblower Protection Act modeled on the federal protections currently provided to victims of discrimination based on race, sex and age. In the alternative, the NWC will continue to support piece-meal legislation designed to address specific gaps in employee protections. 
 
 

A review of 200 whistleblower complaints reported to the NWC in 2002 reveal the following findings:
 

Gender Breakdown

Male:    119

Female:   81

Employer

Government Employee:    97

Private Sector:    107
 

On-the-Job Harassment
      or discipline:    101
 
 
 
 
 
 

Environmental    20

Workplace Discrimination    23

Medical Related    17
 
 
 
 
 
 
 
 
 
 

Whistleblowers who contacted the NWC had worked in every State and performed numerous jobs, including: accountants, airline pilots, chief operating officers, computer programers, corporate vice presidents, corrections officers, doctors, engineers, farm workers, flight attendants, mailman, maintenance employees managers, mechanics, nurses, policemen, psychologists, repairman, sales, social workers, supervisors and teachers. 
 
 

Whistleblowers who contacted the NWC said they learned of the NWC and its Attorney Referral Service from a wide variety of sources, including: the Equal Employment Opportunity Commission (EEOC), the Internet, U.S. Attorneys offices, the NAACP, Congressional offices, unions, government agencies, friends and relatives, newspapers, TV shows and the NWC’s web page and other pubic interest groups.
 
 

In July, 2002 Congress passed whistleblower protections for Wall Street employees who disclose financial misconduct in publicly traded companies. This historic legislation helped fill one of the major loopholes in federal whistleblower protection laws. But other major loopholes continue to exist. A survey of these protections demonstrates that a need remains for Congress to pass a general Whistleblower Protection Act modeled on the federal law which prohibited discrimination on the basis of race, age and sex. 
 
 
 
 
 
 

Fifteen Major Federal Whistleblower Protection Laws
 
 

Law’s CoverageYear Passed
 
 

Race/Sex Discriminatory Practices1964

Mine Safety1969

Occupational Safety1970

Water Pollution1972

Safe Drinking Water1974

Solid Waste Pollution1976

Air Pollution1977

Nuclear Power1978

Superfund Clean-ups1980

Truck Safety1982

Federal Contractor Fraud1986

Bank Fraud1989

Most Federal Employees 1989

Airline Safety2000

Wall Street Fraud2002
 
 

Twenty Major Areas Still Lacking Federal Whistleblower Protection
 
 

           Forensic LaboratoriesNo Federal Whistleblower Protection

           Election Fraud / Campaign Finance Abuse No Federal Whistleblower Protection 

Biotechnology / DNA SafetyNo Federal Whistleblower Protection

Food SafetyNo Federal Whistleblower Protection

Obstruction of JusticeNo Federal Whistleblower Protection

Homeland SecurityNo Federal Whistleblower Protection

Endangered SpeciesNo Federal Whistleblower Protection

Tobacco HazardsNo Federal Whistleblower Protection

Pharmaceuticals and Prescription Drug AbuseNo Federal Whistleblower Protection

Anti-Trust/Unfair Trade PracticesNo Federal Whistleblower Protection

Patient Abuse and Medical FraudNo Federal Whistleblower Protection

Misuse of PesticidesNo Federal Whistleblower Protection

Consumer FraudNo Federal Whistleblower Protection

FBI/Other federal security agencies No Federal Whistleblower Protection

Auto SafetyNo Federal Whistleblower Protection

Computer and telecommunications fraudNo Federal Whistleblower Protection

Criminal Justice abusesNo Federal Whistleblower Protection

General Public Health and SafetyNo Federal Whistleblower Protection

Ocean DumpingNo Federal Whistleblower Protection

Witness IntimidationNo Federal Whistleblower Protection
 
 

In addition to the lack of protection, whistleblowers also face double-taxation of remedies due to a loophole in the federal tax code. Additionally, in many industries whistleblowers are unable to obtain a judicial remedy for retaliation due to unfair pre-employment agreements in which employees are required to sign-away whistleblower remedies years before they witness wrongdoing. Finally, many of the federal statutes listed above which due protect whistleblowers contain provisions which render the laws very weak. For example, six of the laws referenced above has a statute of limitations which force employees to learn of their rights and file a complaint within 30 days of being fired or disciplined. The Administrative Conference of the United States had recommended that the minimum time for filing such a complaint should be 180 days.
 
 

The importance of protecting whistleblowers is becoming ever-more apparent. Employees knew of the problems which existed at Enron and WorldCom, but were afraid to contact federal authorities due to the lack of any protections. Billions of dollars in retirement and personal savings were lost. In law enforcement, FBI employees knew of weaknesses in the federal anti-terrorism program, but were afraid to speak out. These recent examples mirror other whistleblower cases, such as the Karen Silkwood allegations which forced federal authorities to strengthen nuclear safety, the Ernie Fitzgerald allegations which forced the Department of Defense to clamp down on contractor fraud and the Frederic Whitehurst allegations, which exposed weaknesses in crime labs at the FBI and throughout the United States. 
 
 

Strong citizen support is vitally needed in order for whistleblowers to finally obtain realistic legal protections against unfair retaliation.