Growing Whistleblower and Investigation Risks for Government Contractors

The federal government’s whistleblower protection advocacy has been very evident in 2015. Both executive agencies and Congress have taken aim at standard corporate practices, such as employee confidentiality agreements, arguing that these agreements stifle potential whistleblowers. This activity adds another layer to the very specific whistleblower program mandates and reprisal prohibitions imposed on federal government contractors. Examined against the backdrop of the existing government contractor whistleblower protection programs, these recent developments signal a set of best practices that contractors can adopt in order to minimize the risk of whistleblower reprisal actions as well as defend against any claims that do occur. They also suggest some areas where refinement is needed and pushback may be appropriate.