Commentary

Although this bill has been approved by a committee and sent to the Senate for further consideration, this is just the first step in a long process.

A bill must advance through committee approval, chamber floor debate, and various amendments in both houses of Congress. Only when both houses agree on a single version of a bill is it sent to the President for approval. The process must be completed within one legislative year, or it will be dropped. If not passed in time, the bill must then be reintroduced and go through the legislative process again.

Typically, corresponding bills are introduced about the same time in both chambers of Congress, advancing through the legislative process simultaneously. Senate Bill S795, however, does not have an equivalent bill in the House, and there is no guarantee that this bill will ever become law, especially during an election year.

Even so, employers should keep in mind there are several existing laws and statutes protecting employees who blow the whistle on wrongdoing. Protections include the False Claims Act, Dodd-Frank Wall Street Reform and Consumer Protection Act, OSHA’s Whistleblower Protection Programs, and the Affordable Care Act. The IRS also offers rewards to those employees who provide conclusive evidence of tax evasion.

Every employer must be prepared to address a whistleblower situation. Liability risk can be reduced with policies and procedures, an effective and safe mechanism for reporting, and a prompt and thorough investigation of all claims of wrongdoing.