Whistleblower Dlc

[Janne Desir]

Whistleblowingalso whistle-blowing or whistle blowing) is the activity of a person, often an employee, revealing information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whistleblowers can use a variety of internal or external channels to communicate information or allegations. Over 83% of whistleblowers report internally to a supervisor, human resources, compliance, or a neutral third party within the company, hoping that the company will address and correct the issues. A whistleblower can also bring allegations to light by communicating with external entities, such as the media, government, or law enforcement.[1] Some countries legislate as to what constitutes a protected disclosure, and the permissible methods of presenting a disclosure. Whistleblowing can occur in the private sector or the public sector.

Whistleblowers often face retaliation for their disclosure, including termination of employment. Several other actions may also be considered retaliatory, including unreasonable increase in workloads, reduction of hours, preventing task completion, mobbing or bullying.[2] Laws in many countries attempt to provide protection for whistleblowers and regulate whistleblowing activities. These laws tend to adopt different approaches to public and private sector whistleblowing.

Whistleblowers do not always achieve their aims; for their claims to be credible and successful, they must have compelling evidence so that the government or regulating body can investigate them and hold corrupt companies and/or government agencies to account.[3] To succeed, they must also persist in their efforts over what can often be years, in the face of extensive, coordinated and prolonged efforts that institutions can deploy to silence, discredit, isolate, and erode their financial and mental wellbeing.

U.S. civic activist Ralph Nader is said to have coined the phrase in the early 1970s[5] in order to avoid the negative connotations found in other words such as "informer" and "snitch".[6] However, the origins of the word date back to the 19th century.

The word is linked to the use of a whistle to alert the public or a crowd about such problems as the commission of a crime or the breaking of rules during a game. The phrase whistle blower attached itself to law enforcement officials in the 19th century because they used a whistle to alert the public or fellow police.[7] Sports referees, who use a whistle to indicate an illegal or foul play, also were called whistle blowers.[8][9]

An 1883 story in Wisconsin's Janesville Gazette called a policeman who used his whistle to alert citizens about a riot a whistle blower, without the hyphen. By the year 1963, the phrase had become a hyphenated word, whistle-blower. The word began to be used by journalists in the 1960s for people who revealed wrongdoing, such as Nader. It eventually evolved into the compound word whistleblower.[7]

Most whistleblowers are internal whistleblowers, who report misconduct on a fellow employee or superior within their company through anonymous reporting mechanisms often called hotlines.[10] Within such situations, circumstances and factors can cause a person to either act on the spot to prevent/stop illegal and unacceptable behavior, or report it.[11] There are some reasons to believe that people are more likely to take action with respect to unacceptable behavior, within an organization, if there are complaint systems that offer not just options dictated by the planning and control organization, but a choice of options for absolute confidentiality.[12]

Anonymous reporting mechanisms,[13] as mentioned previously, help foster a climate whereby employees are more likely to report or seek guidance regarding potential or actual wrongdoing without fear of retaliation. The coming anti-bribery management systems standard, ISO 37001,[14] includes anonymous reporting as one of the criteria for the new standard.

External whistleblowers report misconduct to outside people or entities. In these cases, depending on the nature of the information, whistleblowers may report the misconduct to lawyers, the media, law enforcement or watchdog agencies, or other local, state, or federal agencies. In some cases, external whistleblowing is encouraged by offering monetary rewards.

Sometimes organizations use external agencies to create a secure and anonymous reporting channel for their employees, often referred to as a whistleblowing hotline. In addition to protecting the identity of the whistleblower, these services are designed to inform the individuals at the top of the organizational pyramid of misconduct, usually via integration with specialized case management software.[citation needed]

Implementing a third-party solution is often the easiest way for an organization to promote compliance, or to offer a whistleblowing policy where one did not previously exist. An increasing number of companies and authorities use third-party services in which the whistleblower is also anonymous to the third-party service provider, which is made possible via toll-free phone numbers and/or web or app-based solutions that apply asymmetrical encryption.[citation needed]

Private sector whistleblowing is arguably more prevalent and suppressed in society today.[15] An example of private sector whistleblowing is when an employee reports to someone in a higher position such as a manager or to external factors, such as their lawyer or the police. Whistleblowing in the private sector is typically not high-profile or openly discussed in major news outlets, though occasionally, third parties expose human rights violations and exploitation of workers.[16]

Many governments attempt to protect such whistleblowers. In the United States, for example, there are organizations such as the United States Department of Labor (DOL) and laws such as the Sarbanes-Oxley Act and the United States Federal Sentencing Guidelines for Organizations (FSGO) that protect whistleblowers in the private sector. Thus, despite government efforts to help regulate the private sector, the employees must still weigh their options. They either expose the company and stand the moral and ethical high ground; or expose the company, lose their job, their reputation and potentially the ability to be employed again. According to a study at the University of Pennsylvania, out of three hundred whistleblowers studied, sixty-nine percent had foregone that exact situation and were either fired or forced to retire after taking the ethical high ground. It is outcomes like these that make it all that much harder to accurately track the prevalence of whistleblowing in the private sector.[17]

Recognition of the value of public sector whistleblowing has been growing over the last 50 years. In the United States, for example, both state and Federal statutes have been put in place to protect whistleblowers from retaliation. The United States Supreme Court ruled that public sector whistleblowers are protected from retaliation by their First Amendment rights.[18] After many federal whistleblowers were covered in high-profile media cases, laws were finally introduced to protect government whistleblowers. These laws were enacted to help prevent corruption and encourage people to expose misconduct, illegal, or dishonest activity for the good of society.[19] People who choose to act as whistleblowers often suffer retaliation from their employer. They most likely are fired because they are an at-will employee, which means they can be fired without a reason. There are exceptions in place for whistleblowers who are at-will employees. Even without a statute, numerous decisions encourage and protect whistleblowing on grounds of public policy. Statutes state that an employer shall not take any adverse employment actions against any employee in retaliation for a good-faith report of a whistleblowing action or cooperating in any way in an investigation, proceeding, or lawsuit arising under said action.[18] Federal whistleblower legislation includes a statute protecting all government employees. In the federal civil service, the government is prohibited from taking, or threatening to take, any personnel action against an employee because the employee disclosed information that they reasonably believed showed a violation of law, gross mismanagement, and gross waste of funds, abuse of authority, or a substantial and specific danger to public safety or health. To prevail on a claim, a federal employee must show that a protected disclosure was made, that the accused official knew of the disclosure, that retaliation resulted, and that there was a genuine connection between the retaliation and the employee's action.[18]

Data manipulation is the changing or omitting of data or outcomes in such a way that the research is not accurately portrayed in the research record. Dr. Hwang Woo-Suk, a South Korean stem cell researcher gained international recognition for his groundbreaking work on cloning and stem cell research. Dr. Woo-Suk had a claim to successfully clone human embryos and derived patient-specific stem cell lines, forwarding the field of regenerative medicine which was published in the Journal of Science.[22] Dr. Kim Seon-Jung expressed his concerns regarding the accuracy of the research data and the ethical conduct of the experiments. Independent committees, as well as journalists, scrutinized the research data and methodology leading to an eventual retraction of his work.[23]

Individual harm, damage to public trust, and threats to national security are three categories of harm that may come as a result of whistleblowing. Revealing a whistleblower's identity can automatically put their life in danger. Some media outlets associate words like "traitor" and "treason" with whistleblowers, and in many countries around the world, the punishment for treason is the death penalty, even if whoever allegedly committed treason may not have caused anyone physical harm. In some instances, whistleblowers must flee their country to avoid public scrutiny, threats of death or physical harm, and in some cases criminal charges.

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