Committee Considers Enhancing Whistleblower Protections
A committee hearing was held recently in conjunction with debate over a new bill that would solidify and even expand whistleblower protections for employees of government contractors.
January 27, 2012 /24-7PressRelease/ -- Recently, a bipartisan subcommittee of the Senate Homeland Security and Governmental Affairs Committee heard compelling testimony from an employee of a government contractor who was removed from a government project for voicing concerns over safety. The hearing was held in conjunction with debate over a new bill that would solidify and even expand whistleblower protections for employees of government contractors.
Whistleblower Testifies About Violations, Retaliation
The employee answered questions regarding his work on the Hanford Nuclear site in Richland, Washington, where he led an oversight project for the safe and permanent storage of radioactive waste. While committed to the project, he made clear his concerns regarding a number of cost overruns and violations of law and professional standards committed by the Bechtel Corporation in the construction of a plant to stabilize and safely dispose of hazardous nuclear waste.
As a result of speaking out, he contends that he was removed from his position with the project and relegated to a basement copy room as a warning to other would-be whistleblowers. The employee has since filed a whistleblower lawsuit under the False Claims Act against his employer and the Department of Energy, which is the agency overseeing the project.
Members of the senate committee asked pointed questions of the employee to emphasize the dilemma faced by those who question the practices of an employer. One member of the committee commented that approximately a half a trillion dollars is paid to contractors performing work for the government, and whistleblowers are vital to ensure that work is being performed competently and correctly.
The Proposed Whistleblower Law
Some lawmakers at the hearing spoke in support of the Non-Federal Employee Whistleblower Protection Act. The legislation, currently before the Senate as bill 241, would make whistleblower protections currently in force as a result of the 2009 stimulus bill permanent as well as adding some additional protections.
The House Oversight and Government Affairs Committee recently approved a similar bill, the Whistleblower Protection Enhancement Act. However, the Senate version of the WPEA does not contain the stimulus provisions included in the NFEWPA. The goal of the bill is to ensure that employees of all government contractors are properly protected in the event they must blow the whistle on their employers for violations.
According to the bill's sponsor, Sen. Claire McCaskill of Missouri, it would provide the following enhancements protecting whistleblowers:
- Establish a burden of proof for cases involving whistleblowers
- Provide access to jury trials
- Ensure employees are protected against employment conditions that would limit or remove their whistleblower rights
- Shield disclosures of rule, regulation or law violation
- Implement time limits for review of retaliation claims
- Offer whistleblowers the right to review the Inspector General's file for their case
Stories like the one above about the Hanford Nuclear Site have fueled support for the proposed legislation. Should the bill pass and be signed into law, concerned employees will likely feel safer and experience less intimidation when doing the right thing means blowing the whistle on employers.
If you have witnessed employer fraud, overcharging or misuse of government funds, it's important to contact a knowledgeable federal whistleblower lawyer who will work with you to hold irresponsible government contractors accountable for their wrongdoing. Contact an experienced qui tam lawyer today to discuss your legal rights as a whistleblower.
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