About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

31 Howard L.J. 223 (1988)
Whistleblower Protection - The Gap between the Law and Reality

handle is hein.journals/howlj31 and id is 233 raw text is: Whistleblower Protection-The Gap Between the Law and Reality THOMAS M. DEVINE* DONALD G. APLIN** At first glance, the last decade appears to have introduced a re- freshing trend that protects freedom to honor newly established or re- inforced professional codes of ethics,' along with twenty-two federal statutes and eight state laws forbidding retaliation against whistleblowers.2 At last count, twenty-six states have adopted the public policy exception to the at will doctrine, which permits worthy dissenters to sue for punitive damages if they have been harassed or fired.3 First glances, however, are only as meaningful as first impres- sions. In this case the new legal rights protecting dissent are a starting point, analogous to Brown v. Board of Education I and school desegre- * Legal Director, Government Accountability Project (GAP). J.D., 1980, Antioch School of Law; B.A., 1974, Georgetown University. ** Staff Associate, GAP; Instructor, Washington College of Law, American University. I.D., 1986, Antioch School of Law; B.A., 1983, Pomona College. 1. R. CHALK & S. FRANKEL, PROFESSIONAL ETHICS ACTIVITY OF SCIENTIFIC & ENGI- NEERING SOCIETIES 19 (1980). To illustrate the rules, the American Society of Civil Engineers Code of Ethics includes the following Fundamental Canons: 1. Engineers shall hold paramount the safety, health, and welfare of the public in the performance of their professional duties. 2. Engineers shall perform services only in the areas of their competence. 3. Engineers shall issue public statements only in an objective and truthful manner. 4. Engineers shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest. 5. Engineers shall build their professional reputation on the merit of their service and shall not compete unfairly with others. 6. Engineers shall act in such a manner as to uphold and enhance the honor, integrity, and dignity of the engineering profession. 7. Engineers shall continue their professional development throughout their careers, and shall provide opportunities for the professional development of those engineers under their supervision. 2. Kohn, An Overview of Federal and State Whistleblower Protection, 4 ANTIOCH L.J. 99 (1986). 3. Strasser, Employment-at- Will: The Death of A Doctrine?, NAT'L L.J., Jan. 20, 1986, at 6-7. 4. Brown v. Board of Educ., 349 U.S. 294 (1954).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most