The Law of

Whistleblowing

Washington University – Fall 2014

class # 14

First Amendment

Retaliation Cases

Burden of Proof

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

Guja v MoldovaEuropean Court of Human Rights

2008

European Convention for the

Protection of Human Rights and

Fundamental Freedoms

5

European Convention for the

Protection of Human Rights and

Article 10

6

international legal

standards

7

Council of Europe Civil Law

Convention on

Corruption 8

Council of EuropeCriminal Law

Convention on CorruptionArticle 22

9

United Nations Convention

against Corruption

10

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

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

U.S.

Office

of

Special Counsel

14

15

•

Perspectives on Wg1. Individual

rights, including free expression

protections for employees

2. Institutional

Does leadership have information it needs?

3. Societal / Cultural

Effect on ethos