The Development of Whistleblower Protection for Federal Employees in the United States
Author: Wu-Lung Yang
Abstract / Chinese PDF Download
Whistleblowers within a government play an important role in helping thegovernment to ensure justice. Since the early 1970’s, the U.S. FederalGovernment, and in particular Congress, has been using whistleblowing as a meansto fighting corruption. Laws encouraging whistleblowing and protectingwhistleblowers in both the public and private sectors from employer retaliation havebeen enacted or amended. In the field of public personnel administration, the CivilService Reform Act of 1978 established a basic framework of whistleblowerprotection. However, the Act was so deficient, that the Whistleblower ProtectionAct of 1989 and the Office of Special Counsel Reauthorization Act of 1994 weresubsequently passed to improve it. Although most government employees do notrepose confidence in these whistleblower laws, the overall improvements made inwhistleblower protection cannot be denied. In this article, the author points outseveral factors that may have influenced the effect and development of theinstitution of whistleblower protection in the United States. They are conflictingvalues in the personnel policy, administrator understanding of and attitude towardswhistleblower protection policy, whistleblower’s rights during the appeal process,the judicial and quasi-judicial systems’ interpretation of the laws, and the supportfrom society.