Cultures of greed, corruption and misrepresentation helped to facilitate a massive transfer of wealth, substantial enough to suggest that a denial of awareness on the part of personnel at such organizations is nothing short of implausible. Therefore, we can presume that an absence or real protections for would-be whistleblowers in private enterprises would help to accommodate a wave of corruption every bit as destructive to the public as any government indiscretion such as the Whistleblower Protection Act was designed to address.
Beyond this, there are indications that the federal legislation lacks the proper mechanisms even to serve as a template for that which might address the failures in private regulation. The article by Fischer (1991) provides myriad examples in which exceptions and clauses relating to the Whistleblower Protection Act have made it essentially toothless. Specifications such as that which denotes that only certain 'covered employees' qualify for the protections afforded by the act are indicative of a piece of legislation deeply laden with loopholes. As Fisher indicates, this is especially problematic because these loopholes create a false sense of security for whistleblowers that they are somehow protected from retaliatory action. The anecdotal indications provided by Fisher would suggest that the various exceptions written into the WPA have made it all but impotent for those intending to intervene with unethical company practices. The outcome then, is that leaders in management or personnel who attempt to report wrongdoing under the assumption of protection are particularly vulnerable to job loss or retaliation.
Overcoming Ethical Dilemmas:
There is a clear ethical imperative to take some action to better facilitate intervention in the face of systemic corruption. At present, this must take the form of better and more pervasive legislation promoting more effective and more widely administered protection for whistleblowers. From the federal perspective invoked by the WPA, there remains a direct interest in refining existing laws to make these protections more pronounced and realistic. Thus, a designated congressional team "is acting promptly to pass federal whistleblower rights as free standing legislation, after...
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