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Peer Support for Whistleblowers

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Peer Support for Whistleblowers Notes From the Field Peer Support for Whistleblowers Jacqueline Garrick, MSW, LCSW-C Employees who report fraud, waste, abuse, or illegality at a federal agency find that it is often the first step in a long process frequently marked by retaliation. Peer support may help whistleblowers persevere under these sometimes difficult circumstances. histleblowers report il- gins when the whistleblower per- management at his hospital. Other legalities, improprieties, ceives wrongdoing or harm that whistleblowers report having mis- or injustices. They step is being committed in their work- conduct charges levied against W forward wittingly or un- place. At a health care organization, them, demotions or loss of position, wittingly to report perceived wrong- whistleblowing often is focused on obstruction from promotion, poor doing. But when a whistleblower individual or organizational illegal performance evaluations, details to takes on powerful and entrenched or unethical activities, such as fund- more minor assignments, reloca- systems or people, retribution and ing or contracting fraud, corruption, tion to more meager office space, or retaliation often ensue, endangering theft, discrimination, sexual harass- pressure to resign or retire.3 their career and reputation. These ment, public health safety or secu- Whistleblowers are rarely re- negative consequences can have long- rity violations, persistent medical warded for reporting misconduct term impacts on the lives of those errors, nepotism, or other violations within their organization. The Joint who believed they were acting in the of workplace rules and regulations. Commission describes barriers to re- public interest especially when pa- VA employees who experience, wit- porting sentinel events by medical tient care or public safety was at risk. ness, or discover wrongdoing may professionals fearing humiliation, liti- The following account is based on choose to disclose their concerns to a gation, peer pressure, and oversight personal and professional experiences, supervisor, senior leader, the Office of investigations if they identify medical conversations with more than a dozen the Inspector General (OIG), Human errors.4 other whistleblowers at the DoD, VA, Resources or Equal Employment Op- Once allegations are made, the in- several other organizations, and a lit- portunity (EEO) Office, Employee formation often is conveyed to a su- erature review. This documentation Assistance Program (EAP), Office of pervisor or leader. For example, some of those informal peer conversations, Special Counsel (OSC), Congress, or whistleblowers who have reported combined with the research, is meant to a news organization. a hostile work environment to the to provide insight into the experiences According to the 2013 National DoD EAP have noted that the EAP of a whistleblower and the need for Business Ethics Survey, more than representative contacted the whistle- peer support so that employees can re- 6 million American workers who blower’s manager to mediate the situ- main resilient. reported misconduct experienced ation. This process can take months some form of retaliation.1,2 Retribu- or years to resolve. In those instances, ADVERSE WHISTLEBLOWER tion can manifest in various overt or the managers are rarely relocated. EXPERIENCES covert ways, ranging from outright The whistleblower usually is the one Most employees do not set out to retaliation and further discrimina- forced to move or take another job, be whistleblowers. The process be- tion to other forms of marginaliza- which is not always consistent with tion. For example, a VA physician their job description, and in turn, Ms. Garrick is the founder of the nonprofit orga- nization Whistleblowers of America. At the time alleged that he was detailed to an may impact their performance rating the article was initiated, she was a DoD political empty office with no patients after and opportunities for promotion. appointee. reporting patient wait list mis- Often, OIG and OSC investigations 38 • FEDERAL PRACTITIONER • JULY 2017 www.fedprac.com at the VA and other federal agen- RETALIATORY PRACTICES professional credentials, or state li- cies can take as long as 2 years. Once a whistleblower has stepped censure. The loss of income also can During that time the whistleblower forward, retaliatory practices may lead to loss of health insurance. The may remain in a lesser or unwanted follow. There are tangible legal, fi- legal and financial burdens impact position or leave the agency. How- nancial, social, emotional, and marriages, spousal job options, re- ever, even when OIG substantiates physical tolls to whistleblow- tirement, and other family choices claims of wrongdoing, the agency ing. “Be in for a penny. Be in for (eg, vacations, children’s schools, and can make recommendations only to a pound,” an OIG official advised caregiving obligations). leadership, which may or may not one whistleblower. Once a dis- During investigations, social sta- be enacted. Whistleblowers report closure is made, the process may tus and the reputation of the whis- having to submit Freedom of Infor- become arduous for the whistle- tleblower are often impugned. For mation Act requests to learn of the blower and require individual resil- example, whistleblowers are some- outcome of an OIG investigation ience to face adversity. times depicted as snitches, moles, when leadership chooses to ignore Keeping in mind that OIG, EEO, spies, or tattletales and may be cat- the recommendation. EAP, and OSC are government agen- egorized as paranoid, disloyal, or Civilian government employees cies that investigate, police, and mon- disgruntled by leadership. Rarely are undervalued by society in gen- itor the system, they do not represent are whistleblowers labeled protec- eral, and the negative stereotypes of the civil servants who document tors, patriots, or heroes, despite the lazy, shiftless workers abound, even and identify much of the evidence of few high profile cases that come to though many civil servants work to wrongdoing on their own. Most civil light, such as Karen Silkwood, Erin protect the nation’s health, welfare, service employees are not subject Brockovich, or Frank Serpico. and safety. Civil servants are famil- matter experts on the U.S. legal code More often, whistleblowers’ repu- iar with derogatory expressions, that outlines prohibited personal tations, especially in civil sectors, are such as “bureaucratic bean-counter,” practices or the Federal Acquisition damaged through acts of discrimi- and “good enough for government Regulation. nation, such as bullying; mobbing work.” Even President Trump stated The Notification and Federal (asking other employees to monitor that he would come to Washington, Employee Antidiscrimination and and report on the activities of the DC, and “drain the swamp.” Yet civil Retaliation (NO FEAR) Act autho- whistleblower); ostracizing the em- servants can go years without a cost rized in 2002 (U.S. Code § 2301) ployee from the team; devaluing the of living increase, a promotion, or a is designed to inform and protect contributions or the performance of bonus but still be asked to perform those who file grievances or disclo- the whistleblower; blackballing from additional duties or work long hours sures, but operationalizing those other jobs or opportunities; double- to the sacrifice of a work/life balance. protections can be overwhelming binding with difficult tasks to com- In the Federal Employee View- and confusing. If a whistleblower plete; gaslighting by calling into points Survey and other employee wants advice, he or she must retain question the memory of the whistle- environmental climate scans, high legal counsel often at a substantial blower, the reality of the accusation, levels of workforce stress often are personal cost. Whistleblowers re- or its scope; and marginalization. related to the number of grievances port spending from $10,000 to Accusations of misusing funds, filed, the level of morale, the rates of more than $100,000 in legal fees for inaccurately recording time and at- absenteeism and retention, recruit- a 1- to 2-year investigation. tendance, and disputing their judge- ment shortages, and lost productiv- These legal fees may force whistle- ment are all tactics used to socially ity.5 Success in toxic environments blowers to use family finances or bor- isolate and harass whistleblowers usually is based on trying to main- row money while hoping for justice into dropping their case or leaving tain a “go along to get along” status along with remuneration in the end. the organization.3 quo, which means looking the other In some cases, the financial impact Furthermore, this level of ostra- way when contracts are fraudulently is compounded when the whistle- cism has documented impact on the awarded or employee discrimination blower has been demoted, denied psychological and physical well-being occurs. If leadership is antagonistic to a promotion, or fired. For medical of the employee and negative conse- reform, then identifying wrongdoing professionals, the impact might re- quences to the overall functioning may come at significant personal risk. sult in the loss of hospital privileges, of the organization.6 Consequences, www.fedprac.com JULY 2017 • FEDERAL PRACTITIONER • 39 WHISTLEBLOWER SUPPORT such as physical violence and prop- require some level of peer counselor vised call center peer support provid- erty damage at the time of termina- screening, competency training on ers. This peer/clinician collaboration
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