Patchwork Paradox: Critical Analysis Of U.S. Whistleblower Legislation
- IJLLR Journal
- 1 day ago
- 2 min read
Namya Nayyar, LLB, Chandigarh University
ABSTRACT
Whistleblowing is commonly referred to as the practice of disclosing information which may be detrimental to the public at large. It is an essential element of corporate governance, particularly seen since the decline of the laissez-faire era. Since the importance of corporate governance has become an integral part, the significance of whistleblowing and the protection thereof has been globally recognised. The US stands to be known as one of the most extensive statutory legislations, aimed at protecting those who ‘blow the whistle’. This paper extensively delves into the statutes of various acts, including the Sarbanes-Oxley Act, False Claims Act and the Dodd-Frank Act, examining their ineffectiveness in practical life, owing to the ‘patchwork’ of legislation. Through analysis of the aforementioned acts, the author aims to reflect the complex statutes, time-bound filing and inconsistencies in the laws, causing many complaints to get dismissed during the screening process. Furthermore, the paper aims to throw light on the real sufferers of the system- the whistleblowers and how, despite the various protections provided on paper, such employees face retaliation in many forms, whether it be harassment or the end of their career. Such has been exemplified through the tragic case of John Barnett, a whistleblower who illustrated the harrowing personal and professional consequences due to administrative failures. The paper further hardens the argument of ineffectiveness through the failure of the judiciary, such as with the narrowing definition of ‘protected activity’. To address these inconsistencies, the paper proposes an alternative system, including, but not limited to, the European model of whistleblowing, reversing the burden of proof onto the employer after a specific amount of time, and the establishment of separate adjudicatory tribunals. Ultimately, this paper concludes that there needs to be a better and unified act which will help in a more transparent and effective system, while protecting the people.
