Consider the following scenarios drawn from the news. If these whistle-blowers s
ID: 428103 • Letter: C
Question
Consider the following scenarios drawn from the news. If these whistle-blowers sued, would they succeed in their federal constitutional free speech claims? Why or why not?
The April 5, 2010, explosion at the Massey Energy’s Upper Big Branch Mine in West Virginia was the worst coal mining disaster in 40 years. Fellow coal miners and family members of 29 miners killed described the deadly conditions in the mine during the months leading up to the blast at a House of Representatives Committee on Education and Labor hearing in May 2010. Gary Quarles, a coal miner for 34 years and father of a miner killed in the blast, testified about the role of federal government inspectors at Upper Big Branch, stating that “MSHA (Mine Safety and Health Administration) inspections at Massey did little to protect miners. We absolutely looked to MSHA for leadership, particularly on safety issues, but MSHA has let us down many times.” Quarries blamed MSHA for only conducting inspections during the day shift, ignoring safety during evenings, nights and weekends. A federal mine inspector complained about this to her supervisor and was fired.
Gregory Williams was the football coach and athletic director at Dallas independent school District’s (DISD’s) Pinkston High School. Coach Williams began asking questions about irregular budgetary procedures and confusing balance statements in his athletic budget. Unsatisfied with the answers he got from the principal and office manager, Williams sent a memo to the principal protesting the unorthodox way funds were being managed and spent at the school. Four days later, the principal removed Williams as athletic director. His contract for the next year was not renewed.
Explanation / Answer
Whistle blower is an individual who reports a policy, process or power misuse in the organization, which will have a significant impact on the company’s business.
The whistle blower is protected under the Whistle blower act.
Workplace retaliation is the adverse action taken by an employer, against an employee who had recently complained about workplace harassment, corruption or discrimination or is planning to file a lawsuit. In this kind of situation, government has asked the employers to consider the complaint very seriously and take measures to address it. If the employer in turn, takes any action against the employee, the government has given the rights to employee to speak up and file against the retaliation.
In both the given cases, the whistleblowers get the protection under the Whistle Blower Act. In both the cases, the employer i.e. the mine inspector’s supervisor and the principal will be held accountable for retaliation and unlawful termination of whistleblowers and the whistleblowers have full right to speak up and sue the employer against this retaliation.