A Whistleblower Training Recap

GESTA members attended a whistleblower training on October 9th, sponsored by the Federal Union Network (FUN). We heard from a federal employee whistleblower who, in coordination with other employees, alerted Congress, the public, and legal agencies, of various activities, including those violating civil rights laws going on at the Department of Housing and Urban Development  (HUD) (1, 2). The whistleblower emphasized the importance of an organized approach to whistleblowing, especially in the current environment where whistleblowers have a higher risk of illegal retaliatory firing if they come forward publicly. Our presenter from HUD was in fact fired for his public whistleblower activity (using his name attached to the claims to legitimize them ). We are grateful for his commitment to public service and the rule of law. 

Below are some experiences and potential tactics shared from the presentation:

• When planning to report something, either as an individual or through a union or other group, using anonymity can be helpful in avoiding illegal retaliation. However, there is some pull behind showing up as a named individual and speaking to Congress or the public. It humanizes and strengthens the campaign.
  
• Employees should be aware of the risk of illegal retaliation, decide whether they want to whistleblow anonymously or publicly and prepare as best as they can for it. They should have the final say in deciding to take on that risk. A perspective was also shared that no one necessarily ever wants to take on these risks but when the situation comes to us and our conscience calls to us, we may decide that taking such risks are necessary to bring the illegal activity or wrongs to light.
• The whistleblowers in this case made sure to get advice from lawyers on the legal grounding of the issues at HUD that they were whistleblowing on, as well as their rights for non-retaliation and their plan to protect themselves once they went public with their whistleblowing activity .
• The whistleblowers also reached out to and received advice from Congressional staff on how and when to release information, how to best protect themselves, and methods of Congressional reporting.
• They decided to take on a coordinated strategy to wait until going public until all components of their whistleblowing were ready: 1) Reporting and coordination with Congressional members, 2) A public story in the media and 3)  Filing a legal complaint,  in this case to the Office of the Inspector General. The whistleblowers were then able to deploy these all simultaneously.
• Gathering of contemporaneous notes, knowledge of policies, and other documented evidence was needed to make a strong case for the illegal activity  going on at HUD.
• Bringing in other groups who had interest in the issues highlighted in the whistleblowing complaint and who had public and Congressional sway also allowed them to magnify the impact of their whistleblowing. For the HUD whistleblowing report they brought in civil rights organizations, children's rights organizations, and other groups.
• They created a media plan and package. The whistleblowers first gave their story to a single reporter who would be knowledgeable about the issue. Then after they went public with the whistleblower complaint and this initial reporter’s story, they followed up with interviews with other media.
• The union can help with this type of effort by organizing, submitting information requests or whistleblower reports on behalf of employees so they can remain anonymous, and providing advice  via  attorneys for knowledge and support. The union can be vocal when employees are afraid to speak for fear of retaliation.  GESTA has a duty to do what it can to protect members from any illegal retaliation.
• On the Congressional side, it is a good idea to vet staffers prior to submitting full reports to make sure they are competent, understand the risks involved for employees, and are willing to work hand in hand with unions and organizations to coordinate for maximum impact.
• The process on the Congressional side is very complex. You want an experienced staffer who knows how to navigate it. Congress should not push you to do things that you, as the whistleblower, don't want to do. They also cannot give you legal advice.
• There are different rules about documents and release of documents based on Congressional committees. For instance, some Congressional committees require that staffers must pass documents to the majority staff if they request them.  So documents given to the staffers are not always completely confidential and can be shared with representatives from another party inside that committee. Congressional staffers should convey these types of risks to the whistleblower before receiving any documents.  (As an aside, prior to disclosing information, you may request that staffer(s) tell you with whom they will share the documents that you submit.) 
  

The presentation was informative and eye-opening. After the presenter was done speaking we broke into groups to brainstorm how to make whistleblowing more effective at our own workplaces, and what might help employees through the process. For GESTA, it might be possible for us to invite Congressional staffers to talk to us about the Congressional whistleblower process at a future meeting or workshop. Offering anonymity through union submission of whistleblower complaints is also something that GESTA can offer. If you have questions about the whistleblowing process feel free to contact GESTA to discuss.