Arguments against whistle blowing-Whistleblower - Wikipedia

A whistleblower also written as whistle-blower or whistle blower [1] is a person who exposes secretive information or activity that is deemed illegal, unethical , or not correct within a private or public organization. Whistleblowers, however, take the risk of facing stiff reprisal and retaliation from those who are accused or alleged of wrongdoing. Because of this, a number of laws exist to protect whistleblowers. Some third-party groups even offer protection to whistleblowers, but that protection can only go so far. Whistleblowers face legal action, criminal charges, social stigma, and termination from any position, office, or job.

Arguments against whistle blowing

Arguments against whistle blowing

Arguments against whistle blowing

Arguments against whistle blowing

Whstle Allegations May Not Hold Up As a whistleblower, you may have only partial visibility into potential wrongdoing and you vlowing not be completely clear on the applicable law for the situation. His career there ended in a nasty dispute in in which Durand filed Young tihgt boobs Equal Employment Opportunity Commission suit against the drugmaker. From his office at Astra he faxed a prosecutor in the Philadelphia office, Virginia Gibson Mason, calling her Arguments against whistle blowing and boasting of "a productive morning! The next day I come into work and I have 6 write ups Arguments against whistle blowing bogus reasons but the craziest one was that I had stolen the kitchen manager shoes and sweater. I recently report xgainst of a fellow nurse, which, by the way was unethical and negligent.

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Laws in other countries may unduly restrict business. The continuing emergence of new whistleblower revelations, Arguments against whistle blowing with high-profile corporate scandals, has fuelled a growing global debate about business ethics and corporate responsibility. Sometimes this stipulation is spelled out in a contract and other times it is not, so these duties can be both explicit and implicit. Subscribe for the latest views on whistleblowing. Are Two liter fetish analyses acceptable measures of occupational safety? Full Name Comment goes here. Thus, the bounty scheme rewards a few individuals significantly, but provides little or no reward to whistleblowers whose information does not lead to an enforcement outcome. What would an act utilitarian and a rule utilitarian say differently when evaluating the same case? What capacities are required of an agent to engage in ethical reasoning? In cases of whistleblowing proper, however, the corporation itself becomes the object of scrutiny, even if the whistleblower only mentions specific Arguments against whistle blowing within the corporation. Its everyday usage usually relates to the exposure of unpalatable or worrying information — a positive action in itself, but negative in its association. Citation: MacDougall DR.

Douglas Durand is the paragon of a corporate whistleblower.

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  • Is WikiLeaks a whistleblower or a spy?
  • Interestingly, the whistleblower in this case was a foreign resident.
  • Making the decision to work with an attorney to bring a whistleblowing claim or otherwise provide information to the federal government in pursuit of a whistleblower reward can be deeply stressful and unnerving.

A whistleblower also written as whistle-blower or whistle blower [1] is a person who exposes secretive information or activity that is deemed illegal, unethical , or not correct within a private or public organization. Whistleblowers, however, take the risk of facing stiff reprisal and retaliation from those who are accused or alleged of wrongdoing.

Because of this, a number of laws exist to protect whistleblowers. Some third-party groups even offer protection to whistleblowers, but that protection can only go so far. Whistleblowers face legal action, criminal charges, social stigma, and termination from any position, office, or job.

Two other classifications of whistleblowing are private and public. The classifications relate to the type of organizations someone chooses to whistle-blow on: private sector , or public sector. Deeper questions and theories of whistleblowing and why people choose to do so can be studied through an ethical approach. Whistleblowing is a topic of ongoing ethical debate. Leading arguments in the ideological camp that whistleblowing is ethical maintain that whistleblowing is a form of civil disobedience , and aims to protect the public from government wrongdoing.

Hundreds of laws grant protection to whistleblowers, but stipulations can easily cloud that protection and leave whistleblowers vulnerable to retaliation and legal trouble. Questions about the legitimacy of whistleblowing, the moral responsibility of whistleblowing, and the appraisal of the institutions of whistleblowing are part of the field of political ethics. The word is linked to the use of a whistle to alert the public or a crowd about a bad situation, such 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. An story in the Janesville Gazette called a policeman who used his whistle to alert citizens about a riot a whistle blower , without the hyphen. By the year , the phrase had become a hyphenated word, whistle-blower. The word began to be used by journalists in the s for people who revealed wrongdoing, such as Nader.

It eventually evolved into the compound word whistleblower. The coming anti-bribery management systems standard, ISO , [17] includes anonymous reporting as one of the criteria for the new standard. External whistleblowers, however, report misconduct to outside persons or entities. In these cases, depending on the information's severity and nature, 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 reward. Sometimes it is beneficial for an organization to use an external agency to create a secure and anonymous reporting channel for its employees, often referred to as a whistleblowing hotline.

As well as 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 specialised case management software. Implementing a third party solution is often the easiest way for an organization to ensure compliance , or to offer a whistleblowing policy where one did not previously exist. An example of private sector whistleblowing is when an employee reports to someone in a higher position such as a manager, or a third party that is isolated from the individual chapter, such as their lawyer or the police.

In the private sector, corporate groups can easily hide wrongdoings by individual branches. It is not until these wrongdoings bleed into the top officials that corporate wrongdoings are seen by the public. Situations in which a person may blow the whistle are in cases of violated laws or company policy, such as sexual harassment or theft.

These instances, nonetheless, are small compared to money laundering or fraud charges on the stock market. Whistleblowing in the private sector is typically not as high-profile or openly discussed in major news outlets, though occasionally, third parties expose human rights violations and exploitation of workers.

In an effort to overcome those fears, in Dodd—Frank Wall Street Reform and Consumer Protection Act was put forth to provide great incentive to whistleblowers. For example, if a whistleblower gave information which could be used to legally recover over one million dollars; then they could receive ten to thirty percent of it. 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 of them had foregone that exact situation; and they were either fired or were forced to retire after taking the ethical high ground. It is outcomes like that which makes it all that much harder to accurately track how prevalent whistleblowing is in the private sector. Recognizing the public value of whistleblowing has been increasing over the last 50 years.

In the United States, 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 under First Amendment rights from any job retaliation when they raise flags over alleged corruption.

Private sector whistleblowing protection laws were in place long before ones for the public sector. After many federal whistleblowers were scrutinized 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.

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 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. 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.

Individual harm, public trust damage, and a threat of 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. A primary argument in favor of the death penalty for treason is the potential endangerment of an entire people.

In other words, the perpetrator is perceived as being responsible for any harm that befalls the country or its citizens as a result of their actions.

In some instances, whistleblowers must flee their country to avoid public scrutiny, threats of death or physical harm, and in some cases criminal charges. In a few cases, harm is done by the whistleblower to innocent people. Whistleblowers are sometimes seen as selfless martyrs for public interest and organizational accountability ; others view them as "traitors" or "defectors". Some even accuse them of solely pursuing personal glory and fame, or view their behavior as motivated by greed in qui tam cases.

It is probable that many people do not even consider blowing the whistle, not only because of fear of retaliation, but also because of fear of losing their relationships at work and outside work. Employees in academia, business or government might become aware of serious risks to health and the environment, but internal policies might pose threats of retaliation to those who report these early warnings.

Private company employees in particular might be at risk of being fired, demoted, denied raises and so on for bringing environmental risks to the attention of appropriate authorities. Government employees could be at a similar risk for bringing threats to health or the environment to public attention, although perhaps this is less likely. There are examples of "early warning scientists" being harassed for bringing inconvenient truths about impending harm to the notice of the public and authorities.

There have also been cases of young scientists being discouraged from entering controversial scientific fields for fear of harassment. However, many whistleblowers report there exists a widespread " shoot the messenger " mentality by corporations or government agencies accused of misconduct and in some cases whistleblowers have been subjected to criminal prosecution in reprisal for reporting wrongdoing.

As a reaction to this many private organizations have formed whistleblower legal defense funds or support groups to assist whistleblowers; three such examples are the National Whistleblowers Center [29] in the United States , and Whistleblowers UK [30] and Public Concern at Work PCaW [31] in the United Kingdom. Depending on the circumstances, it is not uncommon for whistleblowers to be ostracized by their co-workers, discriminated against by future potential employers, or even fired from their organization.

This campaign directed at whistleblowers with the goal of eliminating them from the organization is referred to as mobbing. It is an extreme form of workplace bullying wherein the group is set against the targeted individual.

There is limited research on the psychological impacts of whistle blowing. However, poor experiences of whistleblowing can cause a prolonged and prominent assault upon staff well being. As workers attempt to address concerns, they are often met with a wall of silence and hostility by management. As such, workers remain afraid to blow the whistle, in fear that they will not be believed or they have lost faith in believing that anything will happen if they do speak out.

Whistleblowers may also be disciplined, suspended and reported to professional bodies upon manufactured pretexts. The social impact of whistleblowing through loss of livelihood and sometimes pension , and family strain may also impact on whistleblowers' psychological well being.

Whistleblowers may also experience immense stress as a result of litigation regarding detriments such as unfair dismissal, which they often face with imperfect support or no support at all from unions. Whistleblowers who continue to pursue their concerns may also face long battles with official bodies such as regulators and government departments.

This mistreatment also deters others from coming forward with concerns. Thus, poor practices remain hidden behind a wall of silence, and prevent any organization from experiencing the improvements that may be afforded by intelligent failure. The definition of ethics is the moral principles that govern a person's or group's behavior.

The ethical implications of whistleblowing can be negative as well as positive. However, sometimes employees may blow the whistle as an act of revenge. Rosemary O'Leary explains this in her short volume on a topic called guerrilla government.

Over the years, I have learned that the motivations driving guerrillas are diverse. The reasons for acting range from the altruistic doing the right thing to the seemingly petty I was passed over for that promotion. Taken as a whole, their acts are as awe inspiring as saving human lives out of a love of humanity and as trifling as slowing the issuance of a report out of spite or anger. Larmer describes the standard view of whistleblowing in the Journal of Business Ethics by explaining that an employee possesses prima facie based on the first impression; accepted as correct until proved otherwise duties of loyalty and confidentiality to their employers and that whistleblowing cannot be justified except on the basis of a higher duty to the public good.

The ethics of Edward Snowden's actions have been widely discussed and debated in news media and academia worldwide. A person is diligently tasked with the conundrum of choosing to be loyal to the company or to blow the whistle on the company's wrongdoing. Many whistleblowers have stated that they were motivated to take action to put an end to unethical practices, after witnessing injustices in their businesses or organizations.

The first metric involves a violation of the organization's bylaws or written ethical policies. These violations allow individuals to concretize and rationalize blowing the whistle. In these cases, whistleblowers have been criticized for being driven by personal biases.

In addition to ethics, social and organizational pressure are a motivating forces. Legal protection for whistleblowers varies from country to country and may depend on the country of the original activity, where and how secrets were revealed, and how they eventually became published or publicized. Over a dozen countries have now adopted comprehensive whistleblower protection laws that create mechanisms for reporting wrongdoing and provide legal protections to whistleblowers.

There are laws in a number of states. Whistleblowers Australia is an association for those who have exposed corruption or any form of malpractice, especially if they were then hindered or abused.

The Office of the Public Sector Integrity Commissioner of Canada PSIC [71] provides a safe and confidential mechanism enabling public servants and the general public to disclose wrongdoings committed in the public sector. It also protects from reprisal public servants who have disclosed wrongdoing and those who have cooperated in investigations.

See our User Agreement and Privacy Policy. Some things do not really have value. The Pros of Whistleblowing Helping Your Neighbors by Fighting Corruption Corruption and government waste are one of the biggest economic drains on society. Leaders of the pack Which are the top foreign firms for India-related work? In cases of whistleblowing proper, however, the corporation itself becomes the object of scrutiny, even if the whistleblower only mentions specific persons within the corporation.

Arguments against whistle blowing

Arguments against whistle blowing

Arguments against whistle blowing

Arguments against whistle blowing. Find out which issues have been uncovered through our hotline

The loyal agent argument against whistle blowing 1. Upcoming SlideShare. Like this presentation? Why not share! Embed Size px. Start on. Show related SlideShares at end. WordPress Shortcode. Full Name Comment goes here. Are you sure you want to Yes No.

Be the first to like this. No Downloads. Views Total views. Actions Shares. Embeds 0 No embeds. No notes for slide. The loyal agent argument against whistle blowing 1 1. An agent is a person engaged to act in the interest of another person, who is known as the principal.

Employees are legally agents of their employers. How does specialized knowledge come into play in the management of ethics? In many cases, rules of business ethics can be determined by.

Morality is not relevant to economic concerns. Free markets will fix their own ethical problems. People will behave rationally as they pursue their interests. It is often rational to price products below their market value. Free markets will usually self-regulate. Many people do not understand economics. It is not ethically sufficient to obey the law because.

Describe and explain an example of a business decision that would be unethical even though it is legal. In what ways do participants in a market system have to depend upon each other? In what ways do ethical considerations work against perfect operation of a market economy?

What capacities are required of an agent to engage in ethical reasoning? A market economy is based fundamentally on. What is the difference between a fiduciary and an agent? What special obligations are characteristic of a fiduciary that is not an agent?

What specific problem is posed to utilitarianism by its economic application? What is the major contrast between utilitarianism and Kantian ethics?

In what ways is the rights and justice perspective a fitting ethical theory for business ethics? When a company makes unethical decisions, it is usually breaking the law. Ethics in business applies differently from how it does in the rest of the world.

Teleological theories of ethics locate goodness in. Some things do not really have value. A determinate value must be placed on things that have incalculable value.

Cost-benefit analyses are time-consuming and require specialized skill. Cost-benefit analyses require a commitment to consequentialism.

A drawback to theorizing about business ethics in terms of rights is that. Explain its two formulations. Describe how rights and justice can be explained in terms of one another. Do employers have valid reasons to frown on whistle-blowing? What must an employee do in order to ensure that they blow the whistle properly?

What are the objectives of legal protection for whistle-blowers? Why would a company develop a whistle-blowing policy? A whistle-blower is primarily motivated by. Loyalty to a single company is enforced by the law.

There is little legal precedent for whistleblower protection. There are many laws enforcing corporate confidentiality. Employees of a corporation are by legal definition agents of that corporation. The biggest weakness in the disloyalty argument against whistleblowing is that. The main motivation for there to be whistleblower-protection laws is that whistleblowers.

All whistle-blowing policies should include. How do they further their interests in this regard? Explain the ironic dimension of whistle-blowing with respect to employee loyalty. Describe the pros and cons of legal protection for whistle-blowing.

What does a company have to show in order to have their trade secrets protected as property? What can companies do within legal and ethical bounds to learn from other companies? How did conflicts of interest arise in the Enron situation? Courts have difficulty determining. They can result in difficulty for an employee to subsequently find suitable work. Trade-secret protection agreements that are based on confidentiality assume that. What are the ethical and legal limits that have been placed on competitor intelligence gathering by companies?

How do conflicts of interest arise in business, and what can be done to prevent them? Why is it ethically objectionable for companies to share employee information with outsiders? In what ways has privacy on the internet become a major concern? The Freedom of Information Act of had the unforeseen consequence of. Utilitarian arguments for privacy focus on. What are some principles of internet privacy, and how are they implemented? What forms of discrimination are unethical? Is sexual harassment a form of discrimination, or should it be identified as something else?

What causes cases of sexual harassment? Can it be prevented? What do you think provides the best reason for thinking that discrimination is wrong? Is affirmative action a sufficient measure for correcting discrimination?

Is it necessary? Discrimination is widely considered unethical largely because it is. On what basis might one argue that affirmative action hurts those it is designed to help?

It ensures minorities are hired on a basis other than their qualifications. People can always find ways to get around affirmative action policies. Affirmative action programs could give minorities too many positions. It is unjust to those who are qualified but not minorities. Essay Questions Why is sexual harassment often considered a form of discrimination? Describe a case of affirmative action and the type of discrimination that it would be intended to overcome.

What is the best reason for thinking so? When might the principles of employment-at-will conflict with other principles? What restrictions are permissible for employers to place on freedom of expression at work? To what extent should workers enjoy the right to participation in their company? Proponents of minimum wage who argue that extremely low wages are exploitative assume that.

What are the limitations to the employment-at-will system, and how do they arise? Are cost-benefit analyses acceptable measures of occupational safety?

The Dark Side of Whistleblowing

Interestingly, the whistleblower in this case was a foreign resident. While the US has implemented a proactive bounty system to provide monetary awards to whistleblowers, the Indian securities market regulator, the Securities and Exchange Board of India SEBI , has not shown the same vigour.

The focus of the whistleblower provisions in the Companies Act , , is on protecting a company against fraud and having an effective corporate vigilance mechanism within the company. There are several pros and cons to implementing a bounty scheme for whistleblowers in India. Pros: Firstly, awarding of large rewards encourages others to come forward.

Secondly, whistleblower programmes lead to enforcement activity. Thus, it can be inferred that the programme is promoting additional enforcement activity. Thus, the bounty scheme rewards a few individuals significantly, but provides little or no reward to whistleblowers whose information does not lead to an enforcement outcome. Further, financial incentives could result in malicious reporting from opportunistic and uninformed parties passing on rumours which could result in innocent parties being unfairly damaged.

Malek-ul-Ashtar Shipchandler, a trainee, assisted with research. This article is intended for informational purposes and does not constitute a legal opinion or advice. Nariman Point, Mumbai — , India. Tax reforms introduced to stimulate economy. SEBI updates foreign portfolio regulations. A question of balance Merging the wants of employers and employees is no easy task. Economic Laws Practice. Grand design What legal services will Greater Bay Area require? Shanghai-London Stock Connect launches.

Leaders of the pack Which are the top foreign firms for India-related work? Market Pulse. News in brief 19 September LexCounsel opens new office in Odisha 18 September State of play Lawyers beset by challenges on many fronts. An Asian mosaic Women lawyers' quest for inclusive profession.

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Arguments against whistle blowing