Risk of Retaliation
One of the significant risks inherent in being a whistleblower is the risk of losing one’s job and never working in that profession again. This is a risk that Poppy warns her clients about when they are contemplating becoming a whistleblower. Therefore, when coming forward, potential whistleblowers must reflect and decide if this is a risk they are willing to take. Poppy has found that women and people of color are less likely to take this risk considering that they have faced and overcome increased obstacles to obtain their position.
Required Trust in the Government
Whistleblowers must work directly with government officials, which requires a certain level of trust in the government. However, many communities in the United States—especially Black and Brown communities—lack trust in the government due to the United States’ historical and current systemic wrongdoings. For these reasons, the government’s involvement can prevent potential whistleblowers from coming forward.
In fact, Poppy has seen this with her clients who are minorities. “As they’re sitting across the table from Department of Justice officials, next to an FBI guy who has a gun in his briefcase… that means something different depending on where you’re coming from…. I mean, it scares me…. I realized that reads very differently, depending on who you are. So, it’s something that we are all very conscious of trying to help our clients through.”
Not All Cases Qualify
Furthermore, whistleblower reward laws remain arguably limited in who they can help—depending on the program, the remedy may be limited by the conduct at issue, the nature of the company’s business, or tar ownership of the company. For most cases to qualify as whistleblower cases, the case must include some aspect of fraud, and sometimes requires public funding. Therefore, if there happened to be wrongdoing by a company that was privately owned, received no public money or tax incentives, and was not a financial institution, then there would be a narrow path to bring the case under any of the whistleblower programs.
Poppy acknowledges that while the government has been able to provide such strong whistleblower programs, the requirements are very specific and limited. “Another hard thing about our practices is that we have very, very robust, strong laws, but they only apply to certain actions. And there are things that slip through the cracks.”
Impact Litigation: An Alternative Solution
Felecia Phillips Ollie DD (h.c.) is the inspiring leader and founder of The Equality Network LLC (TEN). With a background in coaching, travel, and a career in news, Felecia brings a unique perspective to promoting diversity and inclusion. Holding a Bachelor’s Degree in English/Communications, she is passionate about creating a more inclusive future. From graduating from Mississippi Valley State University to leading initiatives like the Washington State Department of Ecology’s Equal Employment Opportunity Program, Felecia is dedicated to making a positive impact. Join her journey on our blog as she shares insights and leads the charge for equity through The Equality Network.
