By James Curtis and Meagan Newman
Data shows that the gap between the number of whistleblower claims filed–under all 21 provisions that provide OSHA with jurisdiction, including OSHA 11(c), STAA, AIR21 and SOX–and the number that are completed is growing. The result is an ever-increasing number of unresolved whistleblower claims and a commensurate number of whistleblowers that remain in the workplace. Employers need to think proactively in terms of preventing whistleblower discrimination claims as well as how to deal with those employees who have filed claims, yet remain in the workplace while awaiting a determination.