Slides

1. The Law of
Whistleblowing
Washington University – Fall 2014
class # 14

2. First Amendment
Retaliation Cases
Burden of Proof

3. P: P spoke as citizen on matter of public concern
balance P’s v. employer’s interests
P: P’s speech was motivating factor in
employer’s action
D: D would have taken same action in absence
of speech

4. Guja v Moldova
European Court of Human Rights
2008

5. European Convention
for the
Protection of
Human Rights and
Fundamental Freedoms
5

6. European Convention
for the
Protection of
Human Rights and
Article 10
6

7. international
legal
standards
7

8. Council of Europe
Civil Law
Convention
on
Corruption
8

9. Council of Europe
Criminal Law
Convention on Corruption
Article 22
9

10. United Nations
Convention
against
Corruption
10

11. Ways the Law Encourages Wg
1. Require Wg
2. Prohibit retaliation against Ws
3. Compensate Ws who experience retaliation
4. Require / encourage organizations to
facilitate Wg
5. Provide financial incentives to Ws

12. Ways the Law Encourages Wg
1. Require Wg
2. Prohibit retaliation against Ws
3. Compensate Ws who experience retaliation
4. Require / encourage organizations to
facilitate Wg
5. Provide financial incentives to Ws

13. U.S.
Office
of
Special Counsel

14. 14

15. 15
•

16. Perspectives on Wg
1. Individual
 rights, including free expression
 protections for employees
2. Institutional
 Does leadership have information it needs?
3. Societal / Cultural
 Effect on ethos