We’re at the crossroads of a breakthrough for free speech rights; however, there has been a divergent campaign in the 11th
hour. Today, Ms. Julia Davis wrote an article titled “Kill the Bill” – referring to S. 372, the Whistleblower Protection Enhancement Act. Curiously, days earlier this same author joined a letter by whistleblowers that supports S. 372
In the Examiner, Davis writes, “Proponents of the corrections for the bill argue that unless the bill is fixed before it’s signed into law, whistleblowers rights will be catapulted backwards into the dark ages.”
The aforementioned statement, unaddressed, is dangerously misleading for anybody unfamiliar with the current state of federal whistleblower protections, because whistleblowers do not have viable rights under current law.
A few examples of how the Whistleblower Protection Act has been gutted over the years through judicial activism may help put Davis’ statement into context. Currently, you are not eligible for federal whistleblower protection if:
- you are not the first person who discloses given misconduct;
- you make a disclosure to your co-worker;
- you make a disclosure to your supervisor;
- you disclose the consequences of a policy decision;
- and the kicker: if you blow the whistle while carrying out your job duties.