Whistle-Blowing

This is a set of notes on the topic of whistle blowing as presented in:

Kevin Bowyer, “Ethics and Computing: Living Responsibly in a Computerized World”, 2nd Edition, IEEE Computer Society Press, New York, NY, 2001

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Whistle Blower

A whistle blower (term derived from whistle blowing actions of English bobbies) is one who makes revelations meant to call attention to negligence, abuses or dangers that threaten the public interest. They sound an alarm based on their expertise or inside knowledge, often from within the very organization in which they work.

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Whistle Blower

Most know that their own careers and livelihood may be at risk. When the risk becomes too great for an individual the dropping or backing away from the issue, is referred to as swallowing the whistle.

Being in a situation where your integrity is a function of your pay check is not viewed as living the good life.

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Stages of a Whistle-Blowing Incident

There is good agreement that in most whistle blowing situations there is a general set of issues that should be addressed as the situation evolves. At any stage the issue may be dropped.

In those rare cases where there is neither time to fully evaluate the situation or there is no reason to assume that anyone within the organization would support a corrective action, then it is reasonable to skip stages.

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Stages of a Whistle-Blowing Incident

Stage one -- Is there a potential whistle blowing scenario?

Stage two -- Seriousness test Stage three -- Reality check Stage four -- Becoming aware of the big picture

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Stages of a Whistle-Blowing Incident

Stage five -- Forcing management recognition of the problem Stage six -- Taking the problem to upper management Stage seven -- Going outside the organization Stage eight -- Living with the Results

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Potential Whistle-blowing Scenario?

1. Someone within your organization is pursuing an action that you believe is ethically wrong.

2. You believe you know relevant information which is not generally known.

3. You believe that if what you know is correct then if it became public knowledge the course of action would be changed.

Whistle blowing is generally not about things that you happen to dislike.

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Seriousness Test

Is this issue really serious enough to merit your concern?

If there is a potential loss of life or catastrophic destruction of property then this is an easy call but something like directing purchases to an old high school buddy even when those purchases could be made cheaper elsewhere will take a second look.

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Reality Check

Make sure you have read the situation correctly. “Remember, no matter how intelligent and experienced you are, there is always the possibly that your initial impression of the situation is not completely correct.” ******[You could be wrong!!]****** Discuss the issue with colleagues or someone whose opinion you trust. If they have a different view try to understand why.

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Get the Big Picture

You need to get beyond your individual prospective and see the problem in a broader setting. You need to acquire more information.

For example: You could be concerned about the amount of time allocated for testing new software. But there might be a new group that was going to be assigned that task when your group was taken off of the code. Upper management makes decisions off of information from a wide variety of sources.

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Forcing Management Recognition

Try and get problem solved from within organization with as little hard feelings as possible. Describe the problem clearly, avoid placing blame, and offer a solution. If needed, get help to present problem. If nothing happens you get forced into escalating the situation. Force management to acknowledge they have heard your concerns. If negative reaction, this time when most whistles are swallowed.

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Taking the Problem to Upper Management

So you have convinced yourself that your management is not going to do anything and you need to go over your boss’s head. Your job is now on the line. Stephen Ungar suggests you select someone who: 1. Has interest and responsibility in the area 2. Is likely to be sympathetic 3. Has the clout to get something done Miller suggests you go up at least two levels.

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Going Outside the Organization

Contrary to popular belief newspapers are not a great place to go. Reporters like to sell stories and if yours doesn’t sell papers then it will probably not be supported the way you would like. Regulatory agencies and legal authorities are a better choice.

Also, remember you are doing this as an individual so not on company letterhead or time.

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Living with the Results

If your employment situation hasn’t change, it will shortly. Anticipate the transfer to a dead end position, or the opportunity to resign or be fired. Even if a court orders your company to rehire you you are not going to find a happy situation.

A whistle blower essentially never continues a happy career in the same organization.

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Federal Law Protection for Whistle Blowers

Primary protection offered by the Federal Whistle Blower Protection Act of 1989 that unfortunately offers no protection if you are an employee of a private company or work for state government.

The False Claims Act of 1863 (amended in 1986) states that a whistle blower may receive 15 to 25 percent of recovered funds if government participates and up to 30 percent if it doesn’t.

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References

Myron Glazer, and Penina Glazer, “The Whistleblowers: Exposing Corruption in Government and Industry” Basic Books Inc., 1989.

Kevin Bowyer, “Ethics and Computing: Living Responsibly in a Computerized World” 2ed., IEEE Computer Society Press, New York, NY, 2001

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